Hindu law holds various unique features with reference to family institutions and the joint family system is a very important aspect in understanding the functionality of this mechanism. As seen above, if a manager alienates joint family property with the consent of all the coparceners, all of them being adults, such an alienation would be valid, even if it is not for a legal necessity. Transfer of property without any justification is the ground for studying such laws. The ownership of the coparcenary property is in the whole body of coparceners. A Hindu father, as such, has special powers of alienating coparcenary property, which no other coparcener enjoys. In Hindu law when dedication is made to an idol, the property vests in the idol itself as a juristic person. During this period another landmark legislation conferring ownership right on a woman was the Hindu Women’s Right to Property Act XVIII of 1937. In Hindu law, Alienation has an added significance, as, generally, neither the doer nor some other coparcener is separated, the whole arrangement being held on joint family Property or their zeal for joint family Property. The phrase “and the like” refers to annual sraddhas, the ceremony of upanayanam, the marriage of coparceners and of girls born in family and all other religious ceremonies. All the transfers of the In the present case, so called alienation took place after 9.9.2005, the date fixed for giving effect to the Act. He has got the absolute right of alienation of such property. The common family has many members, each individual having his various property rights. Deputy Commissioner S. Selvakumar told The Hindu that the new procedure came into effect in Mysore on December 10. Consequent to this decision as to what is meant by the expression for the benefit of the estate’ there has a conflict of judicial opinions on the issue. Essay on Leadership: Introduction, Functions, Types, Features and Importance. Costs incurred for the defense of the head of the joint family or any other member involved in a serious criminal charge. 3500, and the alienee was able to prove the legal necessity for Rs.3000, the alienation was held valid. Separate property is the exclusive property of a Hindu irrespective of the fact that he is a member of joint family. In a transfer where fulfillment of condition is after the transfer (i.e. for disposing of indispensable duties. Alienation refers to the transfer of property. The Hindu law has a number of unique characteristics with regard to family institutions, and the common family system is a very important aspect in understanding the functionality of this mechanism. Similarly, a sole surviving coparcener can dispose of the property by will. However Karta has power of alienation under 3 circumstances. Legal necessity was held by Hindu law as a condition where the widow had to sell her deceased husband's property. The legal necessity does not arise on account of mismanagement by the karta. 37, when a alienation was made to carry out renovations in the hotel which was a family business, it was held to be for benefit. Alienation of separate property by a Hindu, whether … Termes de la … Similarly, if B dies, then C, D, E, and F become the Coparceners with C being the last property holder. Alienation of Coparcenary Property: Family Law Notes, Prolawctor Daily Current Affairs Insights | 09 December 2020, Prolawctor Daily Current Affairs Insights | 08 December 2020, What is Armed Forces Flag Day Fund (7TH DECEMBER), National Webinar on Liberty Constitutional Perspective by BSK Legal: Register by 13 December, Prolawctor Daily Current Affairs Insights | 07 December 2020, Prolawctor Daily Current Affairs Insights | 6 December 2020, Prolawctor Daily News Update | 05 December 2020, Prolawctor Daily News Update | 04 December 2020, PURSUING THE CAREER OF SOLICITOR IN ENGLAND FOR INDIAN LAW STUDENTS. (This has also been discussed earlier.). 386 (F.B. However, what the alienee is required to prove is: either there was an actual need or that he made proper and reasonable enquires as to the existence of needs and acted honestly. Even his male descendants cannot claim any interest in that property by birth. However, the Mysore High Court holds a contrary view in this regard. Alienation is an act whereby one man transfers the property and possession of lands, tenements, or other things, to another. In case of suits filed by the coparceners, Madras High Court has given some vital rules: In the case of Permanayakam vs. Sivaramma, AIR 1952 Mad 435, where it was held that; Finally, it was laid down in the case of Sunil Kumar vs. Ram Prakash that a coparcener cannot ask for an injunction against alienation on the ground that it is not for legal necessity. Property alienations have an added importance in Hindu law, as, usually neither the Karta (the manager of a joint family and the properties of such joint family. ... Alienation of Coparcenary property under Hindu Law Make Law Easy. c) Indispensable duties. We use cookies to ensure that we give you the best experience on our website. As under these schools, coparcener has power of alienating his undivided interest by sale or mortgage. The term “indispensable duties”, implies the performance of those acts which are religious, pious or charitable. Hindu Law is coparcenary. Likewise, many types of intangible personal property, such as a patent or trade mark, are alienable forms of property. Performance of necessary ceremonies, sradhs and upanyana. This way the four-degree rule continues.Therefore, any intestate ancestral property acquired by the member of a Hindu joint family in course of coparcenary shall be deemed as Coparcenary property. 8) Power of alienation:- Nobody in the family has power to alienate joint family property. This rule has been altered by 3 acts namely The Hindu Transfers and Bequests Act 1914, Hindu Disposition of Property act 1916, and the Hindu Transfers and Bequests (City of Madras)Act 1921 Marriage expenses of male coparceners, and of the daughters of coparceners. ... Alienation of Coparcenary property under Hindu Law Make Law Easy. World’s Largest Collection of Essays! Pivotally speaking, the benefit of an estate refers to anything that is done which will benefit the joint family property. After the enactment of Hindu Succession Act, 1956, the properties belong to a Hindu female is considered as an absolute property of her and she have full right over it. 3 (three) years from the date of the alienation of the property in case where the coparceners/plaintiffs are adults [, 3 (three) years from the date on which, the coparcener/plaintiffs turn the age of majority, in case they were minors at the time of alienation [, 12 (twelve) years from the date on which alienee assumes possession of the coparcenary property, if the suit is brought by a Hindu governed by Mitakshara law to set aside father’s alienation of such coparcenary property [. Reservation of life interest. a) Legal necessity b) Benefit of estate. Likewise, he may make a gift of such property. Disclaimer Copyright. 452, it has been held that a son adopted subsequent to alienation has no right to challenge alienation even if the alienation was invalid at the time when it was made. Modes of Alienation. Principle of law laid down in Yamanaji H. Jadhav v.Nirmala, (2002) 2 SCC 637, was followed with approval by the Supreme Court in the matter of Subramani v. M. Chandralekha, (2005) 9 SCC 407, by holding that as per Hindu law, divorce was not recognised as a means to put an end to marriage which was always considered to be a sacrament, only exception being where it was recognised by custom. Performing alienation of property in hindu law in memory of her husband, will such a child of judicial legislation anything! Manner in which a person acquires an interest by birth is called unobstructed heritage i.e., for unethical or purposes... Or father 's father, as such, has special powers of alienating undivided! 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