AIR 1975 KERALA 139 ::1975 Ker LT 197

Kerala High Court

Hon'ble Judge(s): V. P. Gopalan Nambiar, T. Chandrasekhara Menon , JJ

Transfer of Property Act (4 of 1882) , S.44, S.47— Co-owner - Acquisition by managing Co-owner - If and when enures for benefit of other Co-owners also. Even if Co-ownership funds are used by the managing Co-owner to acquire property that will not enable the other Co-owners to demand their share in the property. They can only ask for an account of their share of the money invested in the acquisition. Thus the acquisition will not be for the benefit of the remaining Co-owners. AIR 1972 SC 1279. Followed by A. S. No. 345 of 1967 (Ker) and AIR 1974 Ker 18, Followed.(Para 3 4)