History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1179.3

v4.c63.1179.3

No coparcener (except the father or manager as stated above) can dispose of his undivided interest by gift, sale or mortgage according to the strict theory of the Mitākṣarā except with the consent of the other coparceners. This right to object to alienations made without consent or made without legal necessity is another characteristic of the joint Hindu family under the Mitākṣarā. Bṛ. (S. B. E. 33 p. 384 verse 93) says¹¹²³ "whether kinsmen are joint or separate they are alike as regards immovable property, since a single one from among them has no power in any case to make a gift, sale or mortgage of it." But in modern times the courts in Bombay, Madras and the Central Provinces have loosened this strict rule by holding that a coparcener may sell, mortgage or alienate for *value* his undivided interest in coparcenary property without the consent of the other coparceners¹¹²⁴ and the courts have allowed the undivided interest of a coparcener in joint family property to be attached at the instance of a creditor for the individual debts of a coparcener. This is one of the most serious departures from ancient and medieval Hindu Law made by the Courts on the ground of equity. One more right of all members of the joint Hindu family is the right to be maintained from the property and income of the joint family.