power of alienation, although, any such power of disposal of an undivided interest in coparcenary property was not available to her deceased husband ... rights over her Hindu Woman's estate, relating to the undivided interest in the coparcenary property of her deceased husband, within the meaning
brothers, opposite parties 1 to 3; (3) Motilal alienated his undivided interest in the coparcenary property in the disputed house in favour of petitioner ... undivided family, governed by the Mitakshara law, no individual member of that family, whilst it remains undivided, can predicate, of the joint and undivided property
justifying necessity. The only exception recognised is the sale of an undivided interest through legal process in execution of a decree. Truly, the power ... coparcener whose interest he has purchased, and gets nothing more than the right to have the interest of the coparcener, whose interest he has purchased
authority to gift his undivided share to
one coparcener. One coparcener cannot dispose of his undivided
interest in the coparcenary property by gift. Therefore ... family. A coparcener of
Mitakchara Hindu Family cannot dispose of his undivided interest by
way of gift and thus, the transfer is void altogether
administered in Bihar, no coparcener can alienate even for value his undivided interest without the consent of the other coparceners, unless the alienation ... antecedent debts; therefore, Teko had no right to alienate his undivided interest in the joint family property, and under Sub-section (2) of Section
Manager of joint Hindu Family has a right to alienate undivided interest in the
joint family property for valid consideration for family necessity ... them had definite share in it. Therefore, Ramsagar Singh had undivided interest in
the property but after making recital that there was partition
trial court noted that a Hindu cannot bequeath or dispose of
undivided interests in the co-parcenary property which could not
be alienated by gift ... member of a Mitakshara coparcenary to dispose of by
Will his undivided interest in the coparcenary property (re:
Article 367 (2) , Part-1, Chapter
Smt. Leela Devi vs Lal Bahadur Singh on 16 May, 2024
Author: Khatim Reza
Bench
rightly held that the gift by coparcener of
his undivided interest in the joint family
property would be valid even when the consent ... make a gift of his
interest without interest of other coparcener. The said proposition
of law that gift of undivided interest in Hindu undivided family
considered to be an undivided interest. It
is a well established principle in the
Hindu Law that a member of a joint
Hindu Family ... Manager of the Hindu Joint Family has a
right to alienate undivided interest in the
Hindu joint family property for valid
consideration for family necessity
