Undivided share of coparcener can be subject matter of sale/transferr Possession cannot be handed over to vendee unless property is partitioned either by decree of Court in partition Suit or by settlement among co shares

Citation 

2009 (5) CTC 380 (SC)

IN THE SUPREME COURT OF INDIA

Dalveer Bhandari and Dr. B.S. Chauhan, }).

Gajara Vishnu Gosavi

Prakash Nanasaheb Kamble and Others

CA. No. 1292 of 2002 with C.A. No.1293 of 2002.

September 16, 2009

...Appellant

Respondent

Hindu Law Undivided share of coparcener- Whether can be transferred-How and when vendee can be put in possession- Held: Undivided share of coparcener can be subject matter of sale/transferr Possession cannot be handed over to vendee unless property is partitioned either by decree of Court in partition Suit or by settlement among co shares Ramdas v. Sitabai and Ors, 2009 (7) SCC 444 followed.