( 1 ) DEFENDANTS 2 to 4 are the appellants. 1st respondent herein filed a suit for partition, claiming his share in several properties. We are concerned only with the property described in plaint schedule 'b'. This was found to be the self acquired property of the 1st defendant. He had gifted it to defendants 2 to 4 and therefore plaintiff's right to a share was contested. According to the plaintiff, the gift was void in view of Section 33 of the Karnataka co-operative societies Act, 1959 ('the act' for short) and after the death of the 1st defendant, he became one of the heirs to the said property. Trial court negatived the plaintiffs claim in respect of this item of property. However the district court upheld the right of the plaintiff to succeed as one of the heirs of 1st defendant. Gift of the property by 1st defendant was held to be void under Section 33 of the act. In the year 1964,1st defendant obtained a loan from a co-operative society and in that connection, the property in question was subjected to a charge in favour of the society. In the year 1972, he obtained a further loan; without discharging the liabilities, 1st defendant gifted away the p