Alientation of Coparcenary property :- Alienation means transfer of property such as gifts, sales, mortgage etc.

Alientation of property Meaning of Alientation :- it means transfer or ownership of property and possession of lands, tenants or the things to another person. Who can alienate coparcenary :- 1) Father's power pf Alientation - The power of mitakshara father as Karta of the family to bind his infant son with regard to disposal or management of joint family property are wider than those of the karta of such famlies. 2) father as Karta can alignment family property for the following :- • legal necessity • benfit of the estate • as a gift of ancestral movable and immovable properties with in a reasonable limit out of love and affection to wife daughter son-in-law daughter-in-law like jewellery gold cloth for cash. • as a gift of ancestral property with reasonable limit for pions power. 2) Karta's power of Alientation :- • An Alientation made by the managers of the family without legal necessity is not valid, but voidable at the option of other coparcener but can have power of Alientation without the consent of other coparceners in the following cases :- • Legal necessity • Benefit of estate • for the performance of religion duties. Any coparcener cannot challenge the Alientation done by Karta in the above three situations. 3) Alientation by the whole body of the coparcener :- • if all coparcener are adult the whole body of coparceners Shall can alienate the coparcenary property for any purpose even it in not for legal necessity. • it is not made with the consent of all the coparcener, it would bind the shares of consenting member and not the others. 4) when all coparceners dies living behind on such a coparcenr is known as sole surviving coparcener. • when joint family property e purses into the hands of sole surviving coparcenary it assumes that charactor of separate property to long as he does not have a son. • a sole coparcener is entitled to dispose of coparcenary property as he like. • such an Alientation cannot be challenged by a subsequently born or adopted son. • search surviving coparcener can dispose of the property by will. • however as will oprates from the date of the death of the ancestor.l Karta's Power of Alientation in detail :- a) Legal necessity 1) payment of govt. revenue. 2) payment of debt or rent to landlord. 3) payment of debt which are payable out of the family properties. 4) Cost of necessary litigation recovery or presenting the estate of the families. 5) Maintenance of Coparcener amd their daughter. 6) Marriage expenses 7) Medical care of the family. 8) For Migration new place for better living. 9) for education 10) for depending members of the family in himself against criminal changes. 11) to discharge of mortgage of of the family. 12) for maintaining of family estate or garden that is the source of income for the family. b) For benefit of estate 1) an alientation is for the benefit of the estate if it is for the purpose to some property from some threatened and change and distruction. 2) it is such as a prevent owner as a trust knowledge which is available to him at the time of the transaction. 3) Following are some illustrate examples of transaction :- • sale of property producing small income and difficult in managing extend of the existing families business a sale of land in dilapidated condition in respect of which a notice had been received from the municipality for pulling it down. • sale of land situated an an unhealthy place for the purpose of buying a new place in an advantages locality. • a gift to a arrange of a small portion of land with a view to defeat a claim preamption. c) For the performance of regious duties. 1) kurta can alienate the joint family property to discharge the religious duties. 2) the term indispensable duties implies performance of those acts which are religious pions.


Popular posts from this blog

Emergency provisions in indian constitution.

Directive Principles of State Policy

Article 176 of the constitution