Hindu father or any other managing member of HUF is empowered to make a gift of ancestral property only for a ‘pious purpose’: Supreme Court
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The Hon’ble SC in the case of K.C. Laxmana v/s K.C. Chandrappa Gowda & Anr. has held that Hindu father or any other managing member of HUF is empowered to make a gift of ancestral property only for a ‘pious purpose’: Supreme Court
The case details is as under:
K.C. Laxmana v/s K.C. Chandrappa Gowda & Anr. (CIVIL APPEAL NO. 2582 OF 2010)
Let us have a short overview of the case:
Facts:
1. The schedule property was a joint family property belonging to the HUF consisting of the plaintiff, his father the second defendant and his brother one K.C. Subbaraya Gowda, all three of whom were coparceners in the HUF.
2. The second defendant is not a coparcener or a member of this family. The schedule property was gifted to him by the settlement/gift deed dated 22.03.1980 (Ex.P1) by the first defendant who was the Karta of the HUF out of ‘love and affection’. The plaintiff was not a signatory to the said document and in fact did not give his consent.
3. So the plaintiff filed a suit against the gift deed.
Hon. SC held as below:
1. Hindu father or a managing member of the Hindu Undivided Family has the power to make ancestral property only for pious purposes or gift to a charity or for a religious purpose.
2. It is a settled law that where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained.
3. So the alienation by way of gift of joint family property made by the first defendant in favour of the second defendant was void.
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