several non-alienating coparceners cannot sue the purchaser for his own share of the alienated property. It has been observed by the I Appellate Court ... that was not a case of non-alienating coparcener filing a suit for partition of alienated property. The view that has been taken
alienation for the benefit of the minor or minor's estate but when guardian so alienates he is not alienating his property ... alienation by karta or a guardian or a de facto guardian as claimed by the learned counsel will not be an alienation, of property belonging
Shivaswamy, learned Counsel appearing for the appellant-first defendant that the property alienated by the 1st defendant-appellant in favour of the second defendant ... suit properties left by the deceased plaintiff No. 2 was not a Mitakshara coparcenary property. It was a self acquired property of his father which
right to obstruct alienation. Nor the right to obstruct alienation could be considered as incidental to the right to challenge the alienation. These ... different if one coparcener alienates his share alone, but once the alienation is made by the manager of the property, it will be effective until
partition In the Joint family.
the schedule properties were all Joint family properties and
ancestral properties. Merely because, mutation entries were
made In the name ... become
their exclusive and separate property. It continued to be the
property of the Joint family. In order to alienate the Joint family
property
more advantageous position than the former. The father is allowed to alienate the property of his son by merely borrowing money before alienating, the property ... their other properties may run the risk of being still subject to the debt, while the item of property alienated would have passed
authority to alienate
: 20 :
and consequently he could not have
authorised by GPA i.e., 2nd defendant to
alienate the property."
12. The learned ... alienate is conferred,
as Mathadhipati himself had no power to alienate, the
power of attorney holder could not have alienated the
property. Therefore, when admittedly
Gowramma, as natural guardian of the minors, had the competence to alienate the property of the minors including their undivided interest in the joint family ... share in the properties. In order to manage her share of the properties, she must necessarily manage the properties in entirety which includes minors
since there was a condition while granting the land
not to alienate the properties for a period of 15 years.
(e) Since the defendant ... plaintiff about the permission granted by the
competent authority to alienate the property and therefore the
refusal to execute the sale deed
properties with boundaries.
4. It is contended by the plaintiffs that first item of
the property was the self-acquired property of late
Venkannaiah. Defendant ... said properties. Defendant No.1 being the
mother of plaintiff No.1 without any right, title or interest over
the schedule properties, alienated the same
