DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

SESSION 2017-18

SUBJECT: FAMILY LAW-II

SYNOPSIS

ON

ALIENATION OF PROPERTY UNDER HINDU LAW

Submitted to: Submitted by:

Ms. Shakuntla ‘Sangam’ Digvijay Singh

Assistant Professor (Law) BA.LLB(Hons) 4th Sem

Enrollment No.- 160101064

 TABLE OF CONTENTS
OBJECTIVE ................................................................................................................................... 3

RESEARCH METHODOLOGY.................................................................................................... 3

TENTATIVE CHAPTERIZATION ............................................................................................... 3

INTRODUCTION .......................................................................................................................... 4

BIBLIOGRAPHY ........................................................................................................................... 5

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 OBJECTIVE

The objective of the research project is to have a proper understanding of Alienation of property
under Hindu Law and for that a detailed study has been done which is informative in nature and
analytical in its approach towards the research on the topic. For this purpose the relevant cases
are also taken into account.

RESEARCH METHODOLOGY

Research Methodology used in this project is Doctrinal in nature. This methodology is the apt
method for this topic on this project. It includes research from various sources and compilation
of all the information related to this topic.

TENTATIVE CHAPTERIZATION

1. Introduction
2. Alienation under Dayabhaga school
3. Father as an alienator
4. Karta’s power of alienation
5. Legal necessities
6. Alienee’s rights and remedies

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 INTRODUCTION

Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an
added importance in Hindu Law, as, ordinarily, neither the Karta nor any other coparceners
singly, possesses full power of alienation over the joint family property or over his interest in the
joint family property, though under the Dayabhaga School a coparcener has the right of
alienation over his interest in the joint family property. Alienation of separate property by a
Hindu, whether governed by the Mitakshara School or any of its sub-schools or the Dayabhaga
School, has full and absolute powers over it. The Transfer of Property Act governs such
alienations. The distinguishing feature of this power is that it was traditionally given only to the
father or the Karta and that, but the power itself is near autocratic as it allows them to sell, gift or
mortgage the whole joint family property without the consent of any coparcener, this is why the
ancient texts have specified several conditions which alone would justify such acts of the
manager. These conditions have changed over the centuries to keep in pace with the changing
conditions and the ancient rules have been modified by the Privy Council in accordance with the
principles of equity, justice and good conscience. An effort has been made to list the entire
varying viewpoint and critically analyze them in the light of old traditions and newfound legal
principles. Alienation is of vast practical utility as it gives a way of using the joint family
property for the common use of the family and it is a classic example of the unique position of
the Hindu joint family which is always ready to help its members in times of need and who work
together for common benefit.

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 BIBLIOGRAPHY

1. S.A. Desai, (rev.), Mulla Principles Of Hindu Law, Butterworths Publications, New
Delhi.

2. G.M. Divekar, Hindu Law: A Critical Commentary, Hindu Law House, Pune.

3. Acharya Shuklendra, Hindu ndivided family: taxation and tax planning, Modern Law
Publications, Allahabad.

4. Dr. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, Allahabad.