The position is well-settled that the undivided interest of a coparcener may be attached and sold in his lifetime in execution of a decree against him for his personal debts.

Citation

AIR 1989 RAJASTHAN 110

RAJASTHAN HIGH COURT (Principal Seat at JODHPUR) S. S. BYAS, J.

Civil Second Appeal No. 471 of 1974. D/-4-7-1988

Dropdi Devi and others v. Jagdish Chandra and other (A) Hindu Law - Mitakshara School -

Alienation of undivided share by coparcener - Rigour against alienation is relaxed in favour of purchaser at auction sale.

According to Mitakshara Law, as administered in the Bombay. Madras and Madhya Pradesh States, a coparcener may alienate for value his undivided interest in the coparcenery property without the consent of the other coparceners. However, in other parts of the country, this type of alienation has not been recognized. This rigour that no coparcener can alienate his undivided interest has been relaxed in favour of purchasers at an execution sale through out the country. Thus the position is well-settled that the undivided interest of a coparcener may be attached and sold in his lifetime in execution of a decree against him for his personal debts. (Paras 7