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Karta'S Power of Alienation
Karta'S Power of Alienation
Benefit of estate (this includes the other part of Kutumbarthe, i.e., for the sake of
family property.)
However, the Karta may alienate the joint family property irrespective of legal
necessity or benefit of the estate with the consent of all adult coparceners in
existence at the time of such alienation. Here again, there is a difference in the law
prevailing in different states as to the position in case the alienation is consented to
only by some of the coparceners and not by all. As per the law in Bombay and
Madras, the shares of the consenting coparceners would be bound. However, in
West Bengal and Uttar Pradesh, a coparcener cannot alienate even his own interest
without the consent of all other coparceners and hence such alienation without the
consent of all coparceners would not even bind the shares of the consenting
members.