A coparcener in a joint Hindu family cannot gift his undivided share in the coparcenary property without the consent of other coparceners, and such a gift is void.

The instant appeal has been preferred against the judgment and preliminary decree, dated 30.01.1993, passed by the learned Sub-Judge-Ist, Begusarai in Title Suit No. 96 of 1985 whereby and whereunder the suit filed by the plaintiffs was partly decreed declaring 1/3rd share of the plaintiffs described in Schedule I of the plaint. The plaintiffs are the appellants whereas the defendants are the respondents.

2. The plaintiffs Kari Singh and Rabindra Singh, the son of Kari Singh, have filed Title Suit No. 16 of 1985 to pass a preliminary decree for partition with respect to their half share in Schedule I and separate Takhta may be carved out and DP over the same may be effected through the process of the Court as well as to declare the alleged deed of gift dated 08.11.1984 purported to have been executed by Ramsagar Singh as null and void which confer no title and possession upon the alleged donee. Further relief is for a decree for accounting the income of joint family property directing the defendant no. 1 to furnish accounts as well as the cost of the suit.

3. The case of the plaintiffs in short is that there was Natho Singh who has got four sons, namely, Ramsagar Singh, Ramtanuk Singh defendant no. 1, Kari Singh plaintiff no. 1 and late Sukho Singh. Natho Singh was the Karta of the joint family. Jointly, family possessed ancestral landed property and some lands were acquired by late Natho Singh as Karta and Manager of joint family. Natho Singh died in the year 1955 in state of jointness with his four sons and one widow defendant no. 7. After the death of Natho Singh, Ramsagar Singh being eldest and wise became Karta and manager. Fourth son Sukho Singh died issueless in the state of jointness. Ramsagar Singh also died issueless on 14.12.1984 in the state of jointness with the plaintiffs and defendants. Ramsagar Singh had weak physic and was a permanent patient of several decease and for the last six months before death he totally became invalid due to acute asmatic attack. He lost his mental discretion as well and he was under the treatment of Dr. Satyadeo Singh but at last he was admitted in the private clinic of Dr. S.K. Lal, Begusarai till his death. The plaintiff no. 1 was looking after the agricultural operations and was also looking after the animals. The joint family was running a business of sale of rickshaw and its repairing and this business was managed and looked after by the defendant no. 1 and Sukho Singh till his death. The defendant no. 1 was also assisting Ramsagar Singh in the management of joint family property and he was acting as defacto Karta and Manager for the last three years, as Ramsagar Singh became physically disabled. The joint family acquired some landed property from the income of joint family and income of joint family was kept deposit in bank account operated by the defendant no. 1. All the title deeds were in possession of Ramsagar Singh and defendant no. 1. After the death of Ramsagar Singh, the defendant no. 1 began to claim some of the joint family property as his own without partition, resulting, the plaintiffs demanded partition amicably but the defendant no. 1 refused to partition the same and claimed some property gifted by late Ramsagar Singh. The plaintiffs after due inquiry obtained a copy of deed of gift which was executed in favour of all the sons of defendant no. 1. The deed of gift dated 08.11.1984 is a fraudulent and illegal document and the same was not executed by Ramsagar Singh voluntarily and it has been brought into existence by playing fraud and coercion. The document is alleged to be executed on 08.11.1984 at Begusarai on the stamp purchased at Begusarai on 06.11.1984 and scribed by a deed writer of Begusarai but was presented at Teghara Sub-Registry Office where Ramsagar Singh was taken in the name of treatment at Mokama Hospital. Except Chandra Singh who is in consult and in collusion with defendant no. 1 no other villager has been called either to be attesting or i