LEGAL PRINCIPLE: PROPERTY LAW – Validity of Alienation of Family Land by Head Without Consent – Voidability of Conveyance Without Consent of Principal Family Members
PRINCIPLE STATEMENT
Where the head of family conveys family land without the consent of principal family members, such transaction is voidable and can be avoided by action instituted by any member of the family.
RATIO DECIDENDI (SOURCE)
"It is well settled that where the head of the family conveys land without the consent of the principal members of the Family, such transaction is voidable and can be avoided by action by any member of the family."
EXPLANATION / SCOPE
This principle establishes an important safeguard in customary family property law. While family heads typically have authority to manage family property, alienation requires broader family consent, particularly from principal members. Unauthorized conveyances are not automatically void (which would harm innocent purchasers) but voidable at the family’s option. This gives the family the right to either ratify or challenge the transaction. The standing to challenge extends to any family member, not just principal members, reflecting each member’s interest in family property. The principle balances protecting family property from unauthorized dissipation against commercial certainty by making improper conveyances subject to challenge rather than automatically null. Purchasers must verify proper consent, and families retain ability to recover improperly alienated land through judicial action brought by any concerned member.