AIR 1936 PRIVY COUNCIL 264

Privy Council

(FROM MADRAS)

Hon'ble Judge(s): Lord Roche, Sir Shadi Lal, Sir George Rankin , JJJ

(A) *(a) Hindu Law-Partition-Father, powers of -Father can make partition without consent of sons-Partition binding on sons. The father of a joint family has the power to AIR 1936 PRIVY COUNCIL 264" n="265">@page-PC265 the consent of his sons, and, if he makes a division, it has the effect of separating, not only the father from the sons, but also the sons inter se.(Para 266) (B) *(b) Hindu Law-Partition-Member separating-Shares of other members defined-Virtual separation of joint family-Separating member not partitioning but renouncing his share-Renunciation does not affect partition. *(b) Hindu Law-Partition-Member separating-Shares of other members defined-Virtual separation of joint family-Separating member not partitioning but renouncing his share-Renunciation does not affect partition. (C) *(c) Hindu Law-Partition-Statements by brothers as to division-Not statement but relation with estates should be considered. Two persons who were brothers were holding licenses for selling Arrah and Toddy liquors in the same district. Excise rules provided that holder of one license shall have no in....