The property in the hands of father allotted to him in partition was a separate property till the birth of the son

Citation

CDJ 2013 SC 601

2013(4) CTC 539

Rohit chauhan vs surinder singh

Head note

Hindu Succession Act. Section 8 - A person, who for the time being is the sole surviving coparcener before the birth of the plaintiff, was entitled to dispose of the coparcenary property as if it were his separate property. In view of the settled legal position, the property in the hands of defendant allotted to him in partition was a separate property till the birth of the plaintiff and, therefore, after his birth defendant could have alienated the property only as Karta for legal necessity. It is nobodys case that defendant executed the sale deeds and release deed as Karta for any legal necessity. Hence, the sale deeds and the release deed executed to the extent of entire coparcenary property are illegal, null and void.

Cases Referred:
Bhanwar Singh v. Puran, (2008) 3 SCC 87
M. Yogendra v. Leelamma N., (2009) 15 SCC 184

Comparative Citations:
2013 (4) CTC 539, 2013 (4) LW 672, 2013 AIR(SCW) 4715, 2013 (9) SCC 419, 2013 (6) ALT 1, 2013 (7) SCJ 407, 2013 (5) ALD 149, 2013 AIR(SC) 3525, 2013 (5) AIR(Bom) R 910,

#partition
#coparcenary
#selfacquired
#section8
#ancestralproperty