KARTA’S POWER OF ALIENATION

Although no individual coparcener, including Karta has any power to dispose of

the joint family property without the consent of all other, it is a recognized concept
by the dharamshatra that in certain circumstance, any member of family has power
to alienate the joint family property.

Vijnaneshwara recognized three exceptional cases in which alienation of the joint

family property could be made by the Karta:

Legal Necessity (this includes Vijnaneshwara’sApatkale as well as a part of

Kutumbarthe, i.e., for the sake of members family.)

Benefit of estate (this includes the other part of Kutumbarthe, i.e., for the sake of
family property.)

Acts of indispensable duty (this includes the entire head of Dharamarthe.)

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.