Under the
said Act, an apartment owner acquires right of
'undivided interest' in common areas and facilities in
the percentage specified ... sets
out the common areas and facilities and
the percentage of undivided interest of
each apartment owner in such common
areas and facilities. The averments
guardian was not required to be appointed. Plaintiff only had
undivided interest in the property and thus the sale falls within Section 12 and
Section ... respect of the minor's property
(excluding his or her undivided interest in joint family
property), are--
(a) in the case
Joginder Singh. All three heirs of late Sh.Joginder Singh had
undivided interest in the property, which enabled the mother to
dispose of the property ... guardian will not be required to be for minor's undivided interest in
the joint family property. Section
respect of
the minor's property (excluding his or her undivided interest in joint
family property), are--
(a) in the case ... respect of the minor's
property (excluding his or her undivided interest in joint family
property) is the father, in the case
raised before the Hon'le Supreme Court that sale of undivided interest of the minor in the Joint Hindu Family Property is void ... that no guardian is required to be appointed in respect of undivided interest of minor in the Joint Hindu Family Property as provided under Sections
well. As per section 6(1) and (2) thereof, the undivided
interest of each apartment owner in the common area would be in the percentage ... expressed in the Deed of Declaration. The percentage of undivided interest of each
apartment owner as expressed in the Deed of Declaration has to have
definite share in the coparcenary property. A coparcener
had an undivided interest in the property which was liable to be
varied ... coming force of Hindu Succession Act, 1956 ,
it was held that undivided interest of a coparcener in the
coparcenary property can be subjected to transfer
other hand, it holds that in the case of undivided interest
of a minor in the joint property, the provisions of the Guardianship ... respect of the minor's property
(excluding his or her undivided interest in joint family property), are--
(a) in the case
respect of the minor's property (excluding his or her
undivided interest in joint family property), are--
(a) in the case ... respect of the
minor's property (other than the undivided interest referred in
section 12 ) or in respect of both.
(2)An appointment made
decisions holding that a gift by a
coparcener of his undivided interest in the coparcenary property is
void. It is not necessary to refer ... devise by a coparcener in a Mitakshara family of his undivided
interest is wholly invalid .............. A coparcener cannot make a
gift of his undivided interest
