The Kartha of the Hindu Joint Family makes a gift of a portion of the ancestral property to his daughter.
TheSayeed Changed status to publish March 15, 2024
Issues in the Case:
- Is the gift made by the Kartha of the Hindu Joint Family to his daughter valid?
Principle:
- The Kartha, or Joint Family Manager, is the head of the family and holds certain powers and duties regarding the management of the coparcenary property.
- The Kartha has the authority to alienate the coparcenary property for necessity or benefit of the estate.
- Additionally, the Kartha can gift a reasonable portion of the family property to his daughter, and such gifts to female members are considered valid.
Judgement:
- In the case of Guramma vs. Mallappa, the court upheld the validity of a gift made by the Kartha of a Hindu Joint Family to his daughter.
- The decision affirmed that the Kartha has the discretion to make gifts of ancestral property to female members of the family.
- As long as the gift is reasonable and made for the benefit of the family, it is considered valid.
Based on the principles outlined in the case law and Hindu family law, the gift of a portion of the ancestral property by the Kartha to his daughter is valid, provided it is made for necessity or benefit of the estate and is reasonable in nature.
TheSayeed Answered question March 15, 2024