AIR 1917 MADRAS 700 ::(1916) 30 Mad LJ(134) 592 ::1916 (30) Mad LJ 592

Madras High Court

Hon'ble Judge(s): Sadasiva Aiyar, Moore , JJ

(A) Hindu Law -Joint family-Alienation by father of joint property-After born ton not entitled to set aside alienation-Limitation-Art. 126 applies- Limitation Act (9 of 1908) , Sch.1 Art.126— Where a Hindu father alienates the whole of the family properly belonging to himself and his son, a son both subsequently acquires no right to share in the property and cannot sue to set aside the alienation and recover his share as there is no property held jointly. Such a claim assuming it to be tenable, is governed by Art. 126 Sch. 1, Lim. Act: Case law discussed. (B) Hindu Law -Joint family-Alienation by coparcener of his interest operates as division in status. Per Sadasiva Aiyir, J.-The alienation by a coparcener of his interest in all the family properties without 'exception operates as a division in status and the alien or ceases to be a member of the joint Hindu family. If there is only one other coparcener at the time the family craws to exist: Case law discussed. (C) Hindu Law -Joint family-Alienation by father of his share-Suit by after-born son to recover share not tenable. Per Moore, J, (contra)-Where a father alienates his share in the whole of the family....