legal necessity

Under Mitakshara law the karta (or a guardian of a minor’s property) may alienate joint family property only for legal necessity, for the benefit of the estate, or for discharge of indispensable religious duties. Legal necessity includes maintenance of members, marriage of daughters, funeral and religious ceremonies, payment of government revenue, payment of antecedent debts and costs of necessary litigation.

The alienee need not prove actual necessity in every case: it is enough if he shows that he made bona fide and reasonable enquiry and believed that the necessity existed. An alienation without necessity is voidable at the instance of the other coparceners, not void.

Example

The sale to pay arrears of land revenue was for legal necessity and bound the karta’s sons.

In Indian law

• Hunooman Persaud Panday v. Mussumat Babooee Munraj Koonweree (Privy Council, 1856): duty of the alienee to enquire

See also

karta · Hindu undivided family · pious obligation · avyavaharika debts

Read more in the study notes

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