Hindu Law -- Joint Family property - Alienation by Karta - Karta has right to sell/dispose of/alienate HUF Property, even if a minor of family has undivided interest...........
Hindu Law -- Joint Family property - Mortgage of property by Karta of HUF - Karta is entitled to mortgage HUF property - Son or other member(s) of HUF need not be consenting parties to the mortgage - Post alienation, a coparcenary may challenge the act of Karta, if alienation is not for legal necessity or betterment of estate...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........
Hindu Law -- Joint Family Property - Alienation by Karta - Where alienation of joint family property is not made with the consent of all coparceners, it is voidable at the instance of coparcener whose consent has not been obtained...........
Hindu Succession Act, 1956, Section 8, 19 -- Property of Hindu male - Succession - Widow and four daughters of deceased received suit properties as his heirs - They take their individual shares as tenants in common - In the absence of suit properties being joint, there was no question of widow acting as a manager or Karta of family - Widow had no right to deal with suit..........
Hindu Law -- Joint Family Property - Properties purchased by Karta in his name is deemed to be out of joint family nucleus, if joint family possessed of adequate properties that were capable to generate enough income...........
Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Karta enjoys wide discretion in his decision over existence of legal necessity and as to in what way such necessity can be fulfilled...........
Agreement to sell -- Karta of Hindu Joint Family - Legal necessity - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - A coparcener cannot seek injunction against Karta restraining him from dealing with or entering into a transaction of sale of Joint Hindu Family Property, albeit post alienation has right to challenge the..........
