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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?

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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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