In a Hindu joint family, coparceners are individuals who have a birthright in the family property and have an equal share in the property. The Karta, who is typically the eldest male member of the family, has the power of alienation, which allows them to sell or transfer the family property. However, if the Karta sells or transfers the property for an improper purpose, the coparceners have the right to challenge the alienation.
Under Hindu law, coparceners have a right to challenge the alienation of family property if it was done for an improper purpose, such as to benefit the Karta or to pay off the Karta’s personal debts. The coparceners can challenge the alienation in court and ask the court to set aside the sale or transfer of the property.
In order to challenge the alienation of family property, the coparceners must show that the sale or transfer was done for an improper purpose and that they were not consulted or given the opportunity to consent to the sale or transfer. The burden of proof is on the coparceners to show that the sale or transfer was not for legal necessity or for the benefit of the family as a whole.
If the coparceners are successful in challenging the alienation, the court may set aside the sale or transfer of the property and order that the property be returned to the family. The court may also order the Karta to compensate the family for any losses or damages that were caused by the improper alienation.
