Can my father alienate ancestral property without my consent in Kolkata?

Detailed Legal Analysis

Under Hindu law in Kolkata, the karta can alienate joint family property only for legal necessity or benefit of the estate. The Calcutta High Court has held that an alienation without legal necessity can be challenged by any coparcener within the limitation period.

Under the West Bengal Premises Tenancy Act 1997 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.