AIR 1996 KARNATAKA 321 ::(1996) ILR (Kant) 1883 ::(1996) 2 Kant LJ 563

Karnataka High Court

Hon'ble Judge(s): P. Krishna Moorthy , J

Hindu law - Joint family property - Alienation - Manager is entitled to alienate joint family property - Right of other coparceners - It is to file suit for partition and recover possession of his share - Sale being only voidable, alienee can continue in possession until it is properly avoided. The manager of a Joint Hindu Family is entitled to alienate the joint family property for joint family necessity or for the benefit of the estate, in certain circumstances. Whether the manager is the father or not, will not make any difference. If such an alienation is made by the manager of the Joint Hindu Family of joint family property, the sale would bind not only his share in the property but the share of the other coparceners as well. No doubt, the other coparceners may be entitled to file a suit for partition and recover their share if the alienation was not for family necessity or for the benefit of the estate. The burden in such cases will also lie on the alienee to prove family necessity or the benefit to the estate to uphold the alienation by the manager. But that right of a coparcener does not affect competency of the manager to alienate the joint family property. When once such alienation is made, the alienee is entitled to be in possession of the property and right of any other coparcener is to sue for partition and recover possession of his share in the....