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Which purposes can justify a Karta of a Mitakshara joint Hindu family alienating joint family property…

A Karta may justify alienation by legal necessity, benefit of the estate, or the discharge of an indispensable duty. The facts must substantiate the ground relied on.

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Which purposes can justify a Karta of a Mitakshara joint Hindu family alienating joint family property without every coparcener’s consent?

I. Meeting a legal necessity
II. Benefiting the estate
III. Discharging an indispensable family or religious duty
IV. Paying for a personal purchase unrelated to the family or estate

Select one answer
Answer and explanation

Correct answer D

A Karta may justify alienation by legal necessity, benefit of the estate, or the discharge of an indispensable duty. The facts must substantiate the ground relied on.

Option feedback

Option A

Legal necessity and benefit of the estate are recognized grounds. An unrelated personal purchase supplies no such ground, while an indispensable duty can.

Option B

Legal necessity and an indispensable duty can justify alienation. Benefit of the estate can also justify it. An unrelated personal purchase cannot.

Option C

Benefit of the estate and an indispensable duty can justify alienation. Legal necessity can also justify it. An unrelated personal purchase cannot.

Option D

Legal necessity, benefit of the estate and indispensable duties are recognized grounds. An unrelated personal purchase falls outside them.

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