Advocates appeared:
For the Appellant(s) : Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/S. Nuli & Nuli, AOR
For the Respondent(s): Mr. Sharandev Singh Thakur, Adv. Mr. Mahesh thakur, Adv. Mr. Siddharth Thakur, Adv. Ms. Vipasha Singh, Adv. Mr. Bishwendra N. Singh, Adv. Mr. Ajay Kanojiya, Adv. Dr. Sushil Balwada, AOR

What is the effect of alienation of joint family property without consent of all coparceners? What is the meaning of ‘pious purpose’ in the context of gifts of ancestral property under Hindu law? What is the applicable limitation period for challenging a gift/settlement of joint family property under Article 109 of the Limitation Act?

Key Points: - The suit challenged a settlement/gift deed dated 22.03.1980 affecting joint family property and whether it is void/voidable due to lack of coparcener consent (!) (!) . - Alienation without the consent of all coparceners is voidable at the instance of the coparcener whose consent is not obtained (!) . - A gift deed of ancestral property "out of love and affection" is not for a pious purpose, and thus not permissible under Section 122 Transfer of Property Act for HUFs; such gifts are not valid (!) (!) (!) . - For limitation, Article 109 of the Limitation Act applies to setting aside a father’s alienation of ancestral property; period is twelve years from the date the alienee takes possession (!) (!) . - The first appellate court and High Court held the settlement/gift deed to be null and void; appeal dismissed (!) (!) . - The case falls under Hindu Mitakshara law; Karta may alienate only for legal necessity, for the benefit of the estate, or with consent of all coparceners (!) (!) . - The suit was filed within twelve-year limitation from possession, not barred by time (!) . - Gift to a stranger of joint family property by the manager is void; manager cannot dispose beyond strict limits (!) (!) .

What is the effect of alienation of joint family property without consent of all coparceners?

What is the meaning of ‘pious purpose’ in the context of gifts of ancestral property under Hindu law?

What is the applicable limitation period for challenging a gift/settlement of joint family property under Article 109 of the Limitation Act?