Can my father alienate ancestral property without my consent in Rohini?
IM Asked by Imran Sheikh from India
Quick Answer
Under Hindu law in Rohini, the karta can alienate joint family property only for legal necessity or benefit of the estate.
Detailed Legal Analysis
Under Hindu law in Rohini, the karta can alienate joint family property only for legal necessity or benefit of the estate. The Delhi High Court has held that an alienation without legal necessity can be challenged by any coparcener within the limitation period.
Under the Delhi Rent Control Act 1958 and the Hindu Succession Act, ancestral property cannot be alienated to the detriment of coparceners without their consent. A gift of ancestral property is invalid except for pious purposes and small portions.
A sale for family business or debt payment may constitute valid legal necessity. The burden of proving legal necessity lies on the alienee.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.