ALIENATION UNDER HINDU LAW

I. INTRODUCTION
Alienation refers to the transfer of the Joint Hindu Family property. It has a vast significance
under the Hindu law as neither the Karta nor any of the coparceners singly possess or have
the alienation right over the Joint Hindu Family Property.

The scope and application of Alienation is very wide. This doctrine traditionally gave an
autocratic power in the hands of Karta or father to sell, gift or mortgage the entire joint family
property without the consent of the members. That is why the ancient code books and
textbooks have laid down certain condition or norms that would put a check on the acts of the
Karta. However, these failed to keep pace with the changing with the changing conditions
that further made it necessary for the Privy council to make changes according to the
principles of equity, justice and good conscience.

The lack of any codified law and changing face of the commercialization transaction that a
joint Hindu family enters into these days have given rise to such situations where the jurist
have still not agreed to the settled and this situation of constant flux makes alienation an
interesting study.

An effort has been made to list all the varying point and and critically analyze them in the
light of old laws and newly found Principles. Alienation is of vast utility as it gives the road
map of the use of joint Hindu family property. It is a classic example of the Joint Hindu
Family that is always ready to help its members in times of need and work for common
benefit.

II. RESEARCH METHEDOLOGY