AIR 1987 SUPREME COURT 1775 ::(1987) 2 LS 1 ::1987 2 UJ (SC) 268 ::(1987) 2 HinduLR 190 ::1987 (3) SCC 294 ::(1988) 1 Sim LC 61 ::(1987) 100 Mad LW 1125 ::1987 (2) CurCC 332 ::1987 BBCJ 155 ::(1987) 168 ITR 760 ::(1987) 2 SCJ 449 ::(1987) 2 Supreme 60 ::1987 2 Supreme 60 ::1987 3 JT 440 (2) ::(1987) 2 JT 440.2 (SC)

Supreme Court Of India

(From : AIR 1973 Andh Pra 226)

Hon'ble Judge(s): M. M. Dutt, S. Natarajan , JJ

(A) Hindu Law - Mitakshara School - Coparcenary - Gift of undivided share by coparcener is void - Though ostensibly gift, one brother relinquishing his interest in favour of another - It enures for benefit of remaining coparceners also - Ostensible gift is valid - Consent of other coparceners is immaterial.AIR 1957 Andh Pra 1012, Overruled. A gift by a coparcener of his undivided interest in the coparcenary property is void. The reason as to why a coparcener is not entitled to alienate his undivided interest in the coparcenary property by way of gift is that an individual member of the joint Hindu family has no definite share in the coparcenary property. By an alienation of his undivided interest in the coparcenary property, a coparcenary cannot deprive the other coparceners of their right to the property. The object of this strict rule against alienation by way of gift is to maintain the jointness of ownership and possession of the coparcenary property. It is true that there is no specific textual authority prohibiting an alienation by gift and the law in this regard has developed gradually, but that is for the purpose of preventing a joint Hindu family from being disintegrated. The rigour of this rule against alienation by gift has been to some extent relaxed by the Hindu Succession Act, 1956. Section 30 of the Act permits the disposition by way of will of....