K is the kartha of a jont family. K transferred the some portion of the joint family property for the children's education. M objected and challenged the alientation without his consent. Decide.

1. Whether the transfer made by K is valid? YES

2. Transfer of joint family property for education of children is valid? YES

3. Is consent of M necessary for the transfer? NO

Power of kartha to transfer joint family property for legal necessity

Kartha of a joint family has a power to transfer the joint family property for legal necessity like education, health, marriages, clearing the debts, maintenance of the family and for the benefit of the estate.

State Bank of India Vs. Ghamandi Ram, AIR 1969 SC 1330, it was held that every coparcener is bound by the transfers made by kartha for legal necessity, but he can object and challenge the alienation made without his consent or made without legal necessity.

Naresh Kumari Vs. Shakshi Lal, AIR 1999 SC 928, The widow sold away her limited estate prior to 1956 without any legal necessity. It has been held that the transferee would not get a valid title because the widow's interest was not absolute.

Musamat Babooee 1856 (6) MIA 393 it was held that the alienation would be valid only when it is made for legal necessity or to the benefit of the estate.

Murarka Properties Pvt. Ltd Vs. Beharilal, AIR 1978 SC 300, it was held that mortgage of a house by the manager for utilizing the money to improve the bulding was held to be valid and binding on his sons.

Conclusion:

In the instant problem the objection raised by M cannot be sustained. However, M can object and challenge only when the alienation is made without his consent or legal necessity.