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.
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