AI Overview...
- Gift Without Consent of Coparcener - Main points and insights:
- Under Hindu law, a coparcener cannot gift ancestral or joint family property without obtaining the consent of all other coparceners; such gifts are generally considered void ab initio (initially invalid) MOHANDAS vs AMBADY KOVILAKATH VALIYA THAMPURATTY - Kerala, Munni Lal Mahto VS Chandeshwar Mahto - Patna, RAM RAO SINGH VS AJODHYA PD. SINGH - Allahabad, Vidya Devi VS Kausalya Devi - Patna, G. Das & Others VS Y. Mary Glory Bai & Others - Madras, THAMMA VENKATA SUBBAMMA (DEAD) BY L. R. VS THAMMA RATTAMMA - Himachal Pradesh, Sabitri Devi VS Lakhan @ Ramjiwan Prasad - Patna, Most. Sumitra Devi VS Most. Numu Devi - Patna, Subhamati Devi VS Awadhesh Kumar Singh - Patna.
- The rationale is that joint or coparcenary property remains undivided, and each coparcener's interest cannot be alienated or gifted independently without consensus, preserving the unity and integrity of the coparcenary MOHANDAS vs AMBADY KOVILAKATH VALIYA THAMPURATTY - Kerala, Munni Lal Mahto VS Chandeshwar Mahto - Patna, RAM RAO SINGH VS AJODHYA PD. SINGH - Allahabad.
- Exceptions exist where gifts are deemed void but not necessarily voidable, and in some cases, gifts to spouses may be considered void but are subject to specific legal nuances S. Raghbir Singh Sandhawalia VS Commissioner Of Income-tax, Punjab, Pepsu And Himachal Pradesh, Simla - Punjab and Haryana.
- The absence of consent renders such gifts invalid from the outset, emphasizing the collective nature of ownership and the necessity of consensus among coparceners Vidya Devi VS Kausalya Devi - Patna, G. Das & Others VS Y. Mary Glory Bai & Others - Madras, Most. Sumitra Devi VS Most. Numu Devi - Patna, Subhamati Devi VS Awadhesh Kumar Singh - Patna.
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However, certain actions like renunciations or transfers of undivided interest, under specific circumstances, may be valid or void depending on the context and whether a partition has occurred THAMMA VENKATA SUBBAMMA (DEAD) BY L. R. VS THAMMA RATTAMMA - Himachal Pradesh.
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Analysis and Conclusion:
- The consensus across judicial decisions is clear that a coparcener’s gift of joint or ancestral property without the consent of other coparceners is void under Hindu law. This upholds the principle that such properties are held jointly, and individual interests cannot be alienated unilaterally.
- Gifts made without requisite consent undermine the integrity of the coparcenary and are legally invalid, safeguarding the rights of all coparceners.
- Therefore, any transfer or gift of coparcenary property without the unanimous consent of all coparceners is legally void, reinforcing the collective nature of joint family ownership.
Search Results for "Gift Without the Consent of Coparcener is Void"
2010 Supreme(Online)(KER) 19255 • India - High Court of Kerala
A.K.BASHEER, P.Q.BARKATH ALI, JJ
gift is considered void. ... Ratio Decidendi: A member of a coparcenary cannot gift ancestral property to the exclusion of other coparceners; any such ... Finding of the Court: The court upheld concurrent findings that the gift deed was void and the property was ancestral ... A gift in favour of one of the sons or wife is void. In the decision rendered by this Court in Krishnan & Ors. v. ... In other words, it was held that Ext.A1 gift#H....
2006 0 Supreme(Pat) 622 • India - Patna
NAVANITI PRASAD SINGH
Hindu Law Gift-Joint family property-Gift made by a coparcener of his coparcenery interest without consent of other co-parceners ... is void-This is unexceptionable principle of Hindu Law-The reason for the said principle is that so long as coparcenary that is joint ... their physically undivided share as their share being definite- Trial court wrongly declared the gifts deed to be void-Order set ... Thamma Rattamma since reported in - held that a #H....
1951 0 Supreme(All) 116 • India - Allahabad
MISRA, BEG
property by a coparcener without the consent of the other coparceners is void ab initio under Hindu Law. ... Under Hindu Law, a coparcener cannot make a gift of the entire ancestral property without the consent of the other coparceners. 2 ... to transfer the entire ancestral property without the consent of the other coparceners. ... Article 47 states: "no #HL_ST....
1997 0 Supreme(Pat) 620 • India - Patna
GURUSHARAN SHARMA
The deed of gift (Ext.5) executed by Nanhku Mahto without the consent of his coparcener, Baijnath Mahto, was void. ... without the consent of his coparcener, Baijnath Mahto. ... Whether a coparcener in a Mitakshara coparcenary property can dispose of his undivided interest by gift without the consent of his ... In such circumstance, in my view there remains only one question for ....
2005 0 Supreme(Mad) 1532 • India - Madras
R.BANUMATHI
Gift of Joint Family Property by one coparcener without the consent of others is void. ... A Gift by a coparcener of his undivided interest in the coparcenary property is void. ... Ex.A-1 is a gift of one coparcener – father Gnanamony in favor of another coparcener - son Dharmaraj. ... The main contention advanced is that the Suit Property being the Joint Family Property, the Gift#HL_END....
1987 0 Supreme(HP) 27 • India - Himachal Pradesh
MURARI MOHAN DUTT, S.NATARAJAN
property without the consent of the other coparceners. ... The court held that such renunciation was valid without the consent of other coparceners. ... GIFT OF UNDIVIDED COPARCENARY INTEREST - VOID - CONSENT OF OTHER COPARCENERS - HINDU SUCCESSION ACT, 1956 - SECTIONS 6, 30 - INTERPRETATION ... Pradesh was a part as recognised in several Judicial decisions that a gift of coparcenary property by ....
2017 0 Supreme(Pat) 252 • India - Patna
MUNGESHWAR SAHOO
of a gift by a coparcener of an undivided share without the consent of other coparceners. ... The court also highlighted the void nature of a gift by a coparcener of an undivided share. ... due to the absence of consent from other coparceners. ... According to the learned senior counsel, since there had been no partition between the parties and the family was coparcenery family, the gift....
2015 0 Supreme(Pat) 565 • India - Patna
JITENDRA MOHAN SHARMA
The court held that a coparcener cannot gift his undivided share in the coparcenary property without the consent of other coparceners ... consent of other coparceners, and such a gift is void. ... Ratio Decidendi: The court held that a coparcener cannot gift his undivided share in the coparcenary property without the ... of his undivided share to defendants no. 2 to 6 ....
1957 0 Supreme(P&H) 109 • India - Punjab and Haryana
BHANDARI, TEK CHAND
A gift of a joint family asset by the karta to his wife without the consent of the other coparcener is not void but merely voidable ... Whether the gift of a joint family asset by the karta to his wife without the consent of the other coparcener is valid and effective ... the consent of his son, Sardar Harindar Singh, the other coparcener. ... The Income-tax Officer came to the conclusion that the....
2011 0 Supreme(Pat) 1951 • India - Patna
V.NATH
Ratio Decidendi: A coparcener cannot alienate joint family property by way of gift without the consent of other coparceners ... without the consent of other coparceners, and highlighted the requirement for a complete partition to transform joint ownership ... property is void. ... From the perusal of the impugned judgment of the appellate Court it appears that the appellate Court has mainly proceeded to record its conclusion on the....
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