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..........
Hindu law -- Joint family property - Alienation by co-sharer - Undivided co-sharer has right to alienate properties, but alienee cannot seek joint possession - Remedy available to alienee is only to seek partition from other co-owners...........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
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 Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........
