AIR 1955 NAGPUR 208

Nagpur High Court

Hon'ble Judge(s): Mangalmurti, P. P. Deo , JJ

(A) Hindu Law - Joint family property - Sale by coparcener of his undivided share - Share that alienee gets. A coparcener is entitled to alienate his undivided share in the coparcenary property. The share of the alienee is the share to which the alienor is entitled at the date of alienation and it does not, thereafter, fluctuate though subsequent consent of coparceners may cause it to increase. (B) Hindu Law - Joint family property - Alienation by coparceners - Effect of subsequent adoption. The right of existing coparceners to alienate the joint family property as theirs is not impaired by subsequent adoption; and the subsequently adopted son cannot question the alienation whether valid or otherwise. Case law Ref.(Para 11) (C) Hindu Law - Joint family property - Alienation by coparcener - Want of legal necessity - After-born son when can challenge alienation. A sale-deed was executed by A on 26-4-1941 acting for himself and as guardian for his minor brother B in favour of C. The plaintiffs were adopted in the joint family to which A and B belonged on 9-2-1942. On attaining majority B transferred to the plaintiff's one-sixth joint share in th....