Alienation of property-separate and coparcenary

A buyer in Thane is about to pay ₹80 lakh for a flat. The seller says it is his, but the flat came down from his grandfather, and his two brothers have not signed. Is the sale safe? Can the brothers undo it? The answer depends on one earlier question: is the flat the seller’s separate property, which he can sell as he pleases, or coparcenary property, which he can sell only in limited ways?

In two minutes

A person can freely alienate separate property, but coparcenary property can be alienated by the karta only for legal necessity, benefit of the estate or indispensable duties, or with the consent of the adult coparceners; a coparcener’s power over his own undivided share depends on the school.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Family Law – II on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.