A coparcener cannot pick and choose one of several coparceners so as to make a gift of his undivided interest.
The law is now well-settled by a Full Bench of this court in Chella Subbanna v. Chella Baiasubbareddi, ILR (1945) Mad 610: (AIR 1945 Mad 142) In that case, it was ruled that a member of a joint Hindu family governed by the Mitakshara law cannot give his interest in the family estate to one of several coparceners if they remain joint in estate. In such circumstances, he can relinquish his interest, but the relinquishment operates for the benefit of all the other members.
(Ponnuchami Servai vs. Balasubramanian, AIR 1982 Madras 281)
No comments:
Post a Comment