Hi there,Alienation of property is a concept of great value according to Hindu Law. As I can recall the stories told to me by my grandfather, we had a big joint family with my great grandfather as the head of the family. But in the years to come, my ancestral paternal property became a subject of alienation on the part of my great grandfather. And I am going to tell you why that happened and who became the owner of the property after alienation by explaining to you what is alienation of property and the various laws abiding by it.Alienation of property, as can be understood by the name, refers to disposing of or transferring the rights over a property in the form of a gift, will, or mortgage. The head of the family or the Karta has the right to alienate a property along with the following others.
Father: Now that you know alienation of property meaning, you must understand who all can alienate a joint family property. A father can dispose of his separate movable property in the form of a ‘gift of love and affection’ to his wife, son, daughter, son-in-law, or any other close relative, in the form of silver or gold jewels, clothing, or cash. He may also dispose of his movable property to pay off his personal debts.
Karta: A Karta or an individual coparcener can alienate the joint family property under the following three circumstances;
During distress or Apatkale
For the family’s sake or Kutumbarthe
For disposing of indispensable duties of or Dharmarthe
Coparcener: A coparcener can alienate a property under voluntary alienation or involuntary alienation.
Sole Surviving Coparcener: When all the other coparceners die and only one of them is surviving, he/she is called the sole surviving coparcener. He/she can alienate the joint family property only if they are not bearing any son.
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What is Alienation of Property?
Rashmi Vajpayee
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April 25, 2022
2022-04-25T21:45:33+00:00 2022-04-25T21:45:34+00:00Comment
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