Topic > Coparceber's Right of Alienation - 776

COPARCEBER'S RIGHT OF ALIENATIONThe law has moved quite a bit from the archaic position. The Supreme Court in the case of Thamma Venkata Subbamma v. Thamma Rattamma discussed in detail the position of the law regarding alienation of property by gift. It was stated that gifts made by any coparcener of joint family property, even if only his own undivided share, were void until and unless they were with the consent of the other coparceners. He further stated that the reason for this is to prevent the break-up of joint families. This ratio has recently been applied in the cases of R. Kuppayee vs. Raja Gounder, Baljinder Singh vs. Rattan Singh and in KC Laxmana vs. KC Chandrappa. The law relating to the sale of undivided interests in coparcenary property by a coparcenary differs depending on the state to which it refers. . In Bombay, Madras and Madhya Pradesh, a coparcener does not need the consent of other coparceners to sell his undivided interest in the coparcenary property. In other states, such as West Bengal, Uttar Pradesh, Bihar and Punjab, alienations, even if made for consideration, are void unless the consent of the other coparceners has been obtained. As far as alienation in favor of any of the coparceners is concerned, it has been held that such alienation will have effect not as alienation but as renunciation of ownership and will not only work in favor of the desired alienated coparcener but of each individual coparcener. codified law, section 30 of the Hindu Succession Act, 1956, a coparcener can dispose of his share in family property by will. This was also confirmed by the Supreme Court. Alienation by the sole surviving coparcener: Ownership of the coparceners' property vests in the coparceners, who may, by collective consent, ...... middle of paper ......d Ors ., AIR 1987 SC 1775, para 11-13.Sunil Kumar and Anr. v. Ram Prakash and Ors., AIR 1988 SC 576, para. 4; Jujhar Singh v. Giani Talok Singh, AIR 1987 P&H 34.Guramma v. Mallappa, AIR 1964 SC 510; Sant Ram v Mohinder Singh, AIR 1994 HP 109.Ibid; See also Thimmaiah and Ors. v. Ningamma and Anr., AIR 2000 SC 3529a.Mamidi Venkata Satyanarayana Manikyala Rao v. Mandela Narasimhaswami, AIR 1966 SC 470.Jagdish Dutt & Anr. v. Dharam Pal & Ors., AIR 1999 SC 1694.Sethu Ramalinga v. Veeraswami, AIR 1971 Mad 174.Padmanabha Pillai v. Abraham, AIR 1971 Ker 154.Sidheshwar Mukherjee v. Bhubneshwar Prasad Narain Singh and Ors., AIR 1953 SC 487.KP Ramamurthi And Or. v. V. Govindaswami Mudaliar and Ors., AIR 1982 SC 84.Kartar Singh v. Harjinder Singh, AIR 1990 SC 854.Babu Harendra Prasad Singh v. Sudhakar Prasad Singh and Ors., MANU/BH/1123/2010.