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.
in which property is owned by the state or group, to be shared in common
Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1
Changes for land holding came about after the Revolution and made a big impact within families. Primogeniture is a term that means the inheritance of real property. This law required for all land to be pa...
United States v. Cruikshank. 92 U.S. 542. U.S. Supreme Court. 1857 Online. Find Law. 30 Mar. 2005
Andrews N, ‘Does a third party beneficiary have a right in English law?’ (1988) 8 Legal Studies 14
To purchase anything extra that the sharecropper required, the owner of the land would provide the c...
Private property is prohibited among the guardians, for they are meant to survive on the rations of the state (Plato 415c). Collective ownership was allowed, for it promoted common pursuits of common interests. For Plato, ari...
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
provided that a wife must get a third of her husband's estate, even when he
...(rather than local) being. (13) Thus, although alienation provides an understanding of the problems of capitalism, it does not provide a means of escaping it.
The Surviving spouse or successor trustee may also transfer as much of the deceased spouses other separate property or share of the community property to such subtrust as the surviving spouse or successor trustee deems appropriate, in his or her absolute discretion, to achieve the greatest economic value for the surviving spouse and our children, taking into account the relevant tax code provisions in place at the time of the first death.
Widmar v. Vincent, 454 U.S. 263, 102 S. Ct. 269, 70 L. Ed. 2d 440 (1981). Retrieved from: http://scholar.google.com.libproxy.clemson.edu/scholar_case?case=7188907281892258516&q=widmar+v.+vincent&hl=en&as_sdt=6,41
THE TERM "alienation" in normal usage refers to a feeling of separateness, of being alone and apart from others. For Marx, alienation was not a feeling or a mental condition, but an economic and social condition of class society--in particular, capitalist society.
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
of user in Land Law are still good law. Custom law can still be used