If a coparcenery sales total property whether total sale deed is void

Validity of Sale Deed of Coparcenary Property

Legal Principles

Void Sale Without Legal Necessity:
A sale of coparcenary property by a coparcener without legal necessity is considered void and does not bind the other coparceners. This principle is established under Hindu law, specifically noting that Section 30 of the Hindu Succession Act does not apply to dispositions inter vivos, thus failing to validate such sales Mohinder Singh VS Karam Singh - Punjab and Haryana (1995).
Consent Requirement:
A coparcener cannot alienate his undivided interest in coparcenary property without the consent of the other coparceners unless the sale is for legal necessity or for the payment of antecedent debts. This is supported by Article 260 of Hindu Law, which emphasizes that any sale made without such consent is voidable at the option of the other coparceners Sukadev Jena VS Kuna Rout - Orissa (2007).
Legal Necessity:
The courts have consistently held that sales executed without legal necessity are not binding. In cases where the sale was challenged, courts found that the burden of proof lies on the seller to demonstrate that the sale was made for legal necessity Rabindra Prasad Singh VS Tejnarain Singh - Patna (2015)BALBIR SINGH VS RAJESH KUMAR BAKSHI - Chhattisgarh (2010).

In a case where a plaintiff challenged a sale deed executed by a coparcener, the courts found that:
The sale was made without consideration and legal necessity.
The vendees did not conduct proper inquiries regarding the necessity for the sale.
Consequently, the sale deed was declared void Mohinder Singh VS Karam Singh - Punjab and Haryana (1995).
Another case highlighted that a coparcener''s sale of an undivided share in coparcenary property without the consent of other coparceners was invalid, reinforcing the necessity of legal grounds for such transactions Ram Pratap VS Raghunath Prasad - Madhya Pradesh (1988).

Final Determination: If a coparcener sells total property without legal necessity or the consent of other coparceners, the sale deed is void and does not bind the other coparceners. This principle is firmly established in Hindu law and supported by various judicial precedents.
Recommendation: It is advisable for coparceners to seek consent from all members before any sale of coparcenary property to avoid legal disputes and ensure the validity of the transaction.