Karta sold the property for benefit of estate
GANGAM.RAJENDER.
(Querist) 17 August 2014
This query is : Resolved
respected experts,
the ancestral property was sold by karta with out consent of his two childern(male,female).
according to law by birth the children have the interest and right in the ancestral property.in the sale deed recitals karta mentioned the reason is that sold the property for the benefit of the estate which was not correct and not evidence has been showed.KARTA NOT DEVELOPED THE PROPERTY.SUIT PROPERTY BELONGED TO AGRICULTURE LAND.
Q1.NOW THE CHILDREN ARE FILED THE SUIT FOR THEIR SHARE AND PRAYED FOR DECLARE SALE DEED NULL AND VOID ,WILL THEY SUCCEED IN THE SUIT AS KARTA HAS ANY RIGHT TO SALE COPARCENERY PROPERTY SIR.
Q2.PLS PROVIDE HIGH COURT OR SUPREME COURT JUDGMENTS FOR WHAT STEPS CHILDREN HAVE TO BE PROVED IN THE COURT.
THANK YOU SIR.
Shantilal Pandya
(Expert) 17 August 2014
Sale by karta can be challenged only if it is not for legal necessity a suit for partition will lie
Shantilal Pandya
(Expert) 17 August 2014
Sale by karta can be challenged only if it is not for legal necessity a suit for partition will lie keeping in mind that a Hindu Karta has previleged managership
R.K Nanda
(Expert) 17 August 2014
take help of lawyer as u have so many cases.
Rajendra K Goyal
(Expert) 17 August 2014
Citation not provided. Consult a local lawyer.
GANGAM.RAJENDER.
(Querist) 17 August 2014
respected experts .
local lawyers are not giving proper guidance regarding this issue and i read expert makkad sir article in the lawyers clubindia funtions of kartha which was written 4 years back but the citations are not available in the indiankhanoon sir,.
PLS PROVIDE RELATED ONLY ONE SUPREME COURT CITATION REGARDING THE BENEFIT OF ESTATE ALIENATED BY KHARTHA.
THANK YOU EXPERTS SIR.
PLS PROVIDE SIR.
Satya nand aggarwal
(Expert) 18 August 2014
It is settled law that no karta can sell the ancestral property without legal necessity. You please go through the below law pint. Hindu Law – Alienation of coparcenary property by Karta – restraining karta from alienation – held, karta of joint Hindu family have right to manage coparcenary property and such right would include right to sell or mortgage ancestral property for legal necessity – however, coparcener has remedy to challenge alienation on the ground that same was not for any legal necessity or was not an act of good management 2012 (2) CCC 791 (P&H)
Dr J C Vashista
(Expert) 18 August 2014
I fully agree with Mr. S N Aggarwal no karta can sell the ancestral property without legal necessity.
Consult local lawyer.
Shantilal Pandya
(Expert) 19 August 2014
right to restrain alienation is not available against Karta but it can be certainly challenged after sale is completed on available grounds
