Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
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 - 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 Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Hindu Law -- Joint Family Property - Alienation for legal necessity and/or to pay the `antecedent debt' - Sale deed executed was to clear/pay the `antecedent debt' and for legal necessity of the family members - Finding of High Court calls for no interference...........
Hindu Law -- Ancestral property - Alienation - Challenge as to - Father sold the property for well being of Hindu Joint Family and out of legal necessity in order to clear debts and for meeting family expenditure - Even sale consideration was invested in purchasing another property by father and still the property was available for benefit of plaintiffs being his children..........
