karta could alienate joint family property only for legal necessity.
If the alienation was unauthorised he could not even alienate his own share ... must be strictly restricted to the alienation being upheld to the extent that the alienation affects the interests of the alienor. What Mr. Datar
existence at the date of an alienation has either ratified the alienation or
allowed the claim to challenge it to be barred ... manager of the joint family for consideration but unauthorizedly, the alienation would affect his own interest in the estate, but not the interest of other
Lalji Mulji vs The State Of Maharashtra on 21 January, 1965
Equivalent citations: (1965)67BOMLR484
emption is an incident of property, it ought to affect alienations other than that of a valid, complete and bona fide sale. Further the Mahomedan
made certain alienations and there was an adoption in the family subsequent to the alienations, then the alienations were binding on the adopted son because ... partition the alienations should be allotted to the share of the alienating co-parceners and the adopted son should not be affected by the alienation
alienation by a de facto guardian should be treated on the same basis as a promissory note passed by such a guardian if the alienation ... promissory note creates only a personal liability, while an alienation affects his estate. As observed in Mayne's Hindu Law, 10th edn. (pages
Shri Ashok Gangadhar Shedge vs Ramesh Gangadhar Shedge on 9 June, 2014
Author: R. G
this case with alienated land. But then Section 217 provides that when a survey settlement has been introduced into an alienated village, the holders ... holders of unalienated land only, shall be deemed to affect alienated land, or the rights of holders of alienated land. It is said that, although
them has the right to alienate her life-interest in the property without some necessity justifying the alienation or without the consent ... time. There is no question in that of the assignment or alienation affecting the rights of the other widow.
8. To such a partition
Provided that nothing contained in this sub-
section shall affect or invalidate any disposition or
alienation including any partition or testamentary
::: Downloaded ... Principal
Act states that it would not affect any disposition or alienation
including any partition or testamentary disposition of the property
which has taken place