A karta sells Mitakshara joint family property without legal necessity, benefit to the estate or…
An unauthorized sale of joint family property by a karta is voidable at the instance of a coparcener whose consent was not obtained. The Supreme Court reaffirmed this…
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A karta sells Mitakshara joint family property without legal necessity, benefit to the estate or consent of all the coparceners. Which statement describes the legal effect of the sale?
Answer and explanation
Correct answer C
An unauthorized sale of joint family property by a karta is voidable at the instance of a coparcener whose consent was not obtained. The Supreme Court reaffirmed this principle in K.C. Laxmana v K.C. Chandrappa Gowda, applying Thimmaiah v Ningamma.
Option feedback
Option A
The absence of authority gives a nonconsenting coparcener a right to avoid the sale. The sale is not automatically void.
Option B
Execution alone does not bind a nonconsenting coparcener where the sale lacks a valid ground.
Option C
The sale is voidable at the instance of a coparcener whose consent was not obtained.
Option D
The right at issue belongs to a nonconsenting coparcener.
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