Gift of undivided share by coparcener is void Though ostensibly gift, one brother relinquishing his interest in favour of another - It enures for benefit of remaining coparceners also - Ostensible gift is valid Consent of other coparceners is immaterial.

Citation

AIR 1987 SUPREME COURT 1775

SUPREME COURT

(From : AIR 1973 Andh Pra 226) M. M. DUTT, J. and S. NATARAJAN, J.

Civil Appeal No. 258 of 1974, D/-6-5-1987

Thamma Venkata Subbamma (dead) by L.R v. Thamma Rattamma and others

(A) Hindu Law - Mitakshara School - Coparcenary Gift of undivided share by coparcener is void Though ostensibly gift, one brother relinquishing his interest in favour of another - It enures for benefit of remaining coparceners also - Ostensible gift is valid Consent of other coparceners is immaterial. AIR 1957 Andh Pra 1012, Overruled. - - -