LINGARAJA RATH, J. :, J.

( 1 ) THE only question urged in these appeals is whether a gift made of an undivided interest in a coparcenary property by a coparcener, jointly in favour of some other members of the coparcenary and his daughter, is valid. A brief adumbration of facts is necessary to focus the question raised. The plaintiffs- appellants filed the suit O. S. No. 9 of 1975 as donees under the gift deed with the averment that they are the sons of defendant No. 4 - third respondent, another co-parcener. It was their case that one Nagappa and the defendant No. 4 were brothers and the plaintiffs together with them constituted the coparcenary. The respondent No. 1-first defendant is the daughter of Nagappa whereas the defendant No. 2-Respondent no. 2 is his widow. Nagappa executed the registered gift deed gifting his undivided interest in the coparcenary in favour of the appellants and respondent No. 1 equally. The suit was brought for partition, the respondents 1 and 2 having not agreed for the same. A further averment in the plaint, which did not find favour with the trial Court as also with the learned single Judge, was that there had been a previous partition of the joint fam

Click Here to Read the rest of this document