Appan Patra Chariar vs V.S. Srinivasa Chariar And Four Ors. on 6 February, 1917
As regards the decision in Patra Chariar v. Srinivasa Chariar (1917) I.L.R. 40 Mad. 1122, I may observe that none of the authorities which I have cited are referred to there. Further, the case is distinguishable on the facts. In that case the alienation in favour of the daughter was made by the father with the consent of his adult son who was his coparcener and also with the consen of the testator's wife who was the mother of an infant coparcener. We have no doubt been referred to certain oases in which the Privy Council have suggested that a will which would otherwise be invalid might become operative by virtue of the consent of those coparceners, but no such question has actually come before ' them for decision. Looking at the matter on principle, it might seem that a will made by one coparcener with the assent of all the other coparceners would be like a settlement or family arrangement between all the coparceners to take effect from the death of the coparcener who was the testator, unless that coparcener in the meantime revoked it. It is not necessary to consider that question in the present case.