Under which circumstances coparceners can challenge alienation of immovable property done by karta of joint hindu family?

  It is trite law that Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity (ii) for the benefit of the estate and (iii) with the consent of all the coparceners of the family. In the instant case, the alienation of the joint family property under Ex.P1 was not with the consent of all the coparceners. It is settled law that where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained (See: Thimmaiah and Ors. Vs. Ningamma and Anr; (2000) 7 SCC409). Therefore, the alienation of the joint family property in favour of the second defendant was voidable at the instance of the plaintiff whose consent had not been obtained as a coparcener before the said alienation.{Para 12}

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

Coram:  S. ABDUL NAZEER; KRISHNA MURARI, JJ.

 CIVIL APPEAL NO. 2582 OF 2010;

Dated: April 19, 2022

 K.C. LAXMANA Vs K.C. CHANDRAPPA GOWDA & ANR.

Author: S. ABDUL NAZEER, J.

Read full Judgment here: Click here.

Print Page