property purchased by two brothers - On their death, property devolved upon their respective heirs - Son of one brother alone was not competent to execute sale deed of entire property -

AIROnline 2024 SC 571 SUPREME COURT

(From: AIROnline 2021 CAL 585) SUDHANSHU DHULIA, J. and PANKAJ MITHAL, J.

CIVIL APPEAL - 4177 of 2024 D/-10-9-2024

Sk. Golam Lalchand v. Nandu Lal Shaw Alias Nand Lal Keshri Alias Nandu Lal Bayes

Specific Relief Act (47 of 1963), S.34, S.38 - Transfer by co-owner Legality of Defendant claimed ownership of entire property on the basis of sale deed executed by co-owner Evidence on record showed that property purchased by two brothers remained joint property in which both of them had equal rights On their death, property devolved upon their respective heirs including transferor co-owner and other legal representatives - Son of one brother alone was not competent to execute sale deed of entire

property that too without its partition by metes and bounds - Since the suit property had many co-owners, defendant could not have acquired right, title and interest in the whole of the suit property on the basis of sale deed executed by one co-owner Defendant was rightly restrained by the decree of injunction in acting in derogation of the propriety rights of the co- owners until and unless the partition took place.