In Hindu law, the Karta is the head of a joint Hindu family, who has the power to manage the property and affairs of the family. The Karta has various powers and duties, including the power of alienation, which means the power to dispose of or transfer the family property.
The power of alienation is an important power of the Karta, but it is not an absolute power. The Karta can exercise this power only for legal necessity or for the benefit of the family. Legal necessity means that the Karta can dispose of the family property only if it is necessary to do so to meet legal obligations, such as paying off debts, taxes, or legal expenses.
Similarly, the Karta can exercise the power of alienation for the benefit of the family, such as to start a new business, purchase a new property, or invest in the family’s education or healthcare. However, the Karta cannot use this power for personal gain or to benefit outsiders.
The power of alienation is subject to certain restrictions and conditions. For example, the Karta cannot alienate the family property without the consent of all the adult members of the family. The Karta also cannot alienate the family property if it is necessary for the maintenance of a minor or a dependent member of the family.
