Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Once factum of existence of legal necessity stood proved, no coparcener has a right to challenge sale made by Karta...........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Karta of family had every right to sell suit land belonging to family to discharge debt liability and spend some money to make improvement in agricultural land for maintenance of his family - Existence of legal necessity stood proved - Plaintiff being son of Karta was one of coparceners along with his..........
Hindu Joint Family Property -- Agreement to sell executed by Karta - Validity - Karta of Joint Hindu Family has right to sell property for legal necessity - Once Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on ground that property is a joint Hindu Family Property, particularly, when agreement to sell and payment of..........
Hindu Law -- Joint family property - Alienation - Legal necessity - If a Karta alienates some property for maintenance purpose, then it can be said that it was done for legal necessity...........
Hindu Law -- Joint family property - Alienation - Legal necessity - When Karta alienates property and it is more than his own interest in joint family property, then other members are entitled to file suit to set aside alienation and only to the extent of interest of such other coparceners, alienation can be set aside - Alienation cannot be set aside in entirety and other..........
Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation made by Manager/Karta for maintenance has to be treated as alienation for legal necessity...........
Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation by Karta of more than his own interest in joint family property - Alienation which is not for legal necessity can be challenged by other members of joint family - In such a situation, alienation made to the extent of the shares of such members can be set aside, but the alienation of his own..........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
Hindu Law -- Joint family property - Alienation by karta - Karta or Manager can alienate joint family properties in four situations namely (a) for legal necessity; (b) for discharge of antecedent debts; (c) for benefit of estate; (d) or with consent of all co-parceners of family...........
