AIR 2007 PATNA 66 ::2007 (4) ABR (NOC) 589 (PAT) ::2007 (3) AIR Jhar R 212 ::(2007) 49 AllIndCas 853 (PAT) ::(2006) 4 Pat LJR 352

Patna High Court

Hon'ble Judge(s): Navaniti Prasad Singh , J

(A) Hindu Law - Joint family property - Gift - Gift by coparcener of his coparcenary interest in joint family property without consent of other coparceners void - So long as coparcenary continues, coparcenary interest is an indeterminate - It may increase or decrease by reason of death or birth in family - It becomes determinate only when status of jointness is broken - In a continuing joint family coparceners have an indeterminate interest which cannot be gifted. (Para 4) (B) Hindu Law - Partition - Gift - Gifts made after preliminary decree of partition was passed - Once a preliminary decree in a partition suit is passed, it amounts to severence of status of joint family - Coparcenery comes to an end - Parties are no more coparcenar - They are tenants in common in joint possession - No sooner coparcenary comes to an end, parties are then free to gift their physically undivided share, their shares@page-Pat67being definite - Trial Court wrongly declared gift deeds to be void - Impugned order set aside. Transfer of Property Act (4 of 1882) , S.122, S.43— (Para 5 8) (C) Hindu Law - Partition - To effectuate partition, it is not necessary that all joint family p....