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 - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Joint Family Property -- Joint Family Property and Coparcenary property - Distinction - A coparcenary property which is to be inherited from common ancestors is that each and every coparcener has joint interest and joint possession therein - Joint Hindu Family property can be managed by a karta, who has same powers which can be exercised by a manager - He is supposed to..........
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...........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Burden of proof - Held, when such alienation is challenged as being unjustified or illegal, it would be for alienee to prove that there was legal necessity in fact, and that he made proper and bona fide enquiry as to existence of such necessity - If such alienation is found to be unjustified, then..........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of appellants as co-parceners, could not be held as valid alienations and..........
Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating coparcenary properties - Hence prayer of permanent injunction prayed..........
