09 Apr 2026 12:13 PM

Joint Family Property--Unilateral Gift Of Coparcenary Property By Karta In Favour Of One Coparcener Is Beyond Karta's Authority

Under Mitakshara law, the power of a Karta over coparcenary property is strictly limited to alienations for legal necessity, benefit of estate, or indispensable duties. A unilateral gift of the whole or substantial portion of joint family property to one coparcener, to the exclusion of others, amounts to a virtual partition by gift — a concept unknown to Hindu law — and falls beyond the competence of a Karta. A daughter acquires coparcenary rights by operation of Section 6 of the Hindu Succession (Amendment) Act, 2005, if the coparcenary subsisted at its commencement.

LOGIN TO READ



CaseLawToday.com is powered by M/s Law Herald Infotech

×

Scan News QR


or