NEW DELHI, Apr 19: Alienation of joint family property can be done only with the consent of all the coparceners, the Supreme Court said on Tuesday.
A bench of Justices S A Nazeer and Krishna Murari said the alienation is voidable at the instance of the coparceners whose consent has not been obtained.
The apex court said it is trite law that Karta/Manager of joint family property may alienate joint family property only in three situations, namely – – legal necessity, for the benefit of the estate, and with the consent of all the coparceners of the family.
“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,” the bench said.
The observations came on an appeal against the Karnataka High Court order which dismissed the suit filed by a man, against his father and a man brought up by his father, for partition and separate possession of his one-third share in the suit schedule property.
The top court said that in the instant case, it is admitted by the second defendant that the settlement deed is a gift deed that was executed by the father in his favour ‘out of love and affection’.
“It is well-settled that a Hindu father or any other managing member of a Hindu Undivided Family has the power to make a gift of the ancestral property only for a ‘pious purpose’ and what is understood by the term ‘pious purpose’ is a gift for charitable and/or religious purpose.
“Therefore, a deed of gift in regard to the ancestral property executed ‘out of love and affection does not come within the scope of the term ‘pious purpose’,” the bench said.
The gift deed in the instant case is not for any charitable or religious purpose, it said.
“We are of the view that the settlement deed/gift deed executed by the first defendant in favour of the second defendant was rightly declared as null and void by the first Appellate Court and the High Court,” it said. (Agencies)
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