AIR 1992 MADHYA PRADESH 208 ::1992 (1) HinduLR 468 ::1993 (1) DMC 334 ::(1992) MPLJ 136

Madhya Pradesh High Court

Hon'ble Judge(s): S. D. Jha , J

(A) Karta - Coparcenary property - Alienation of, by karta - Validity - Widow, not a coparcener - Therefore, not legally qualified to become karta of joint Hindu family - Alienation of coparcenary property, by widow - Not binding on other heirs. A widow is not a coparcener she cannot therefore be a Karta of the Joint Hindu Family, Therefore, alienation made by widow of deceased owner of property would not be binding on her son and daughters. The alienation made by widow would bind herself in respect of her own share and share of another daughter who had gifted her share to mother. (B) Transfer of Property Act (4 of 1882) , S.41— Ostensible owner - Transfer of property by ostensible owner - Validity - Absence of reasonable care and ordinary prudence on part of transferee to ascertain power of transferor to make valid transfer -Transferee cannot be protected under S.41. AIR 1931 Nag 194, Disting. (Para 14 15) .....