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1 - 6 of 6 (0.23 seconds)Thamma Venkata Subbamma (Dead) By L.R vs Thamma Rattamma & Ors on 6 May, 1987
In the case of Thamma Venkata Subbamma (Supra) the
Hon'ble Apex Court at paragraphs 13, 14 and 15 has held as follows:
Pavitri Devi And Anr. vs Darbari Singh And Ors. on 7 September, 1993
In the case of Pavitri Devi and another (Supra), the Hon'ble Apex Court in
paragraph 12 has been pleased to hold that gift of coparcener's property by a
member is void. In other words it is settled principle of law that a dispossession
Patna High Court FA No.119 of 1993 dt.24-06-2015 11
intra vivos by gift of coparcenary property except either with the consent of other
coparceners or between the coparceners or in exceptional circumstances is void.
Since the gift being not for consideration is void in toto, and it is not a
testamentary succession Under Section 30 of the Hindu Succession Act.
Article 258 in Constitution of India [Constitution]
The Hindu Succession Act, 1956
Sukhdeo Mahton vs Ram Lakhan Mahto & Ors on 24 August, 2010
In the case of Sukhdeo Mahton (Supra), this Court relying
on the aforesaid decision has also held that in a joint Hindu family a coparcener
cannot gift his undivided share and the learned court below has compared the
deed of gift as like sale deed and has come to conclusion that a coparcener can
alienate his undivided share to anyone is wrong in view of settled principle of
law.
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