A Karta sells joint Hindu family property without the consent of all coparceners. The buyer establishes…
A non-consenting coparcener may challenge the unauthorised sale and have it set aside. The facts rule out consent of all coparceners, legal necessity, benefit to the estate…
Choose your answer
A Karta sells joint Hindu family property without the consent of all coparceners. The buyer establishes neither legal necessity nor benefit to the estate and made no bona fide inquiry into necessity. No other ground of authority applies. What is the ordinary effect of the sale?
Answer and explanation
Correct answer B
A non-consenting coparcener may challenge the unauthorised sale and have it set aside. The facts rule out consent of all coparceners, legal necessity, benefit to the estate and a bona fide inquiry by the buyer into necessity.
Option feedback
Option A
The Karta’s office alone does not bind all coparceners to this sale.
Option B
An unauthorised sale is ordinarily voidable at the instance of a coparcener who did not consent.
Option C
The relevant right to challenge belongs to an affected non-consenting coparcener.
Option D
A voidable sale can be set aside at the instance of an entitled coparcener and is not automatically a nullity.
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