In a joint Hindu family, what is the effect of one branch’s failure to challenge an alienation on…
In Murarka Properties (P) Ltd. v. Beharilal Murarka, the Supreme Court observed that one branch’s failure to challenge an alienation does not by itself bar another branch…
Choose your answer
In a joint Hindu family, what is the effect of one branch’s failure to challenge an alienation on another branch’s right to seek to set it aside?
Answer and explanation
Correct answer B
In Murarka Properties (P) Ltd. v. Beharilal Murarka, the Supreme Court observed that one branch’s failure to challenge an alienation does not by itself bar another branch from seeking to set it aside.
Whether the challenge succeeds remains a separate question. In Murarka Properties the court upheld the transactions, including on the alternative ground that they benefited the family.
Option feedback
Option A
Omission by one branch is not consent on behalf of another.
Option B
The omission does not itself bar the other branch’s claim.
Option C
The alienee cannot decide whether a court may hear another branch’s challenge.
Option D
The omission does not deprive other branches of their coparcenary interests.
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