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Essay about Coparceber´s Right of Alienation

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COPARCENER’S RIGHT OF ALIENATION
The law has shifted quite a bit from the archaic position. The Supreme Court in Thamma Venkata Subbamma v Thamma Rattamma discussed in detail the position of the law with regards to alienation of property by way of gifts. It stated that gifts made by any one coparcener of joint family property, even if only their own undivided share, was void until and unless it was with the consent of the other coparceners. It also stated that the reason for this is to prevent breakdown of joint families. This ratio was recently applied in R. Kuppayee v Raja Gounder, Baljinder Singh v Rattan Singh and in K.C. Laxmana v K.C. Chandrappa.
The law with regards to sale of undivided interest in coparcenary property by a coparcener is divergent depending on which state one refers to. In Bombay, Madras and Madhya Pradesh, a coparcener need not take consent from the other coparceners to sell his undivided interest in coparcenary property. In other states, like West Bengal, Uttar Pradesh, Bihar and Punjab, alienations, even if made for consideration, are void if consent of the other coparceners was not obtained.

With regards to alienation in favour of any of the coparceners, it has been held that such an alienation will take effect not as an alienation but as a renunciation of property and will not work only in favour of the desired alienee coparcener but each and every coparcener.

Under the codified law, Section 30 of the Hindu Succession Act, 1956, a coparcener may dispose off his share in the family property by will. This has also been upheld by the Supreme Court.

Alienation by sole surviving coparcener:

The ownership of coparcenary property is with the coparceners, who can, by collective consent, ...


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...d Ors., AIR 1987 SC 1775, para 11-13.
Sunil Kumar and Anr. v Ram Prakash and Ors., AIR 1988 SC 576, para. 4; Jujhar Singh v Giani Talok Singh, AIR 1987 P&H 34.
Guramma v Mallappa, AIR 1964 SC 510; Sant Ram v Mohinder Singh, AIR 1994 HP 109.
Ibid; See also Thimmaiah and Ors. v Ningamma and Anr., AIR 2000 SC 3529a.
Mamidi Venkata Satyanarayana Manikyala Rao v Mandela Narasimhaswami, AIR 1966 SC 470.
Jagdish Dutt & Anr. v Dharam Pal & Ors., AIR 1999 SC 1694.
Sethu Ramalinga v Veeraswami, AIR 1971 Mad 174.
Padmanabha Pillai v Abraham, AIR 1971 Ker 154.
Sidheshwar Mukherjee v Bhubneshwar Prasad Narain Singh and Ors., AIR 1953 SC 487.
K.P. Ramamurthi and Ors. v V. Govindaswami Mudaliar and Ors., AIR 1982 SC 84.
Kartar Singh v. Harjinder Singh, AIR 1990 SC 854.
Babu Harendra Prasad Singh v Sudhakar Prasad Singh and Ors., MANU/BH/1123/2010.


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