AIR 1914 Madras 440(2)

Madras High Court

Hon'ble Judge(s): Sankaran Nair, Bakewell , JJ

(A)Hindu Law- Alienation - Alienation by coparcener of his share gives an alienee mere right to compel his alienor to sue for partition-Alienor remains member of coparcenary-If alienor's share is increased by death of member when alienation takes effect, increased share passes to alienee. Where a member of a Hindu coparcenary, governed by the Mitakshara school of law, alienates, his share in the coparcenary properties, it cannot be said that by the mere act of alienation he becomes a separated member, and his alienee a tenant-in-common invested with rights as such; the alienation, at most, gives the alienee a mere right in personam against his own alienor to compel him to sue for partition, but the alienor himself still remains a member of the coparcenary, and his share in the family properties fluctuates according as there are births or deaths in the family subsequent to the alienation ; so. where on the date not of the alienation but when alienation takes effect the alienor's share in the family properties is increased by the death of some members that increased share passes co instanti to his first alienee, and the alienating coparcener cannot, by a subsequent conveyance, confer upon another person any title to such increased share. (B)Hindu Law-Alienation-Alienation of coparcenary interest-Alie....