Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | separate property Coparcenary property Hindu Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | HINDU LAW:'Coparcenary property' - 'Coparcener' - Held:· Coparcenary property means the property which consists ofancestral property and a coparcenar would mean a personwho shares equally with others in inheritance in the estate ofcommon ancestor - So long, on partition, an ancestral·property remains in the hand of a single person, it t.as to betreated as a separate property and such a person shall beentitled to dispose of the coparcenary property treating it tobe his separate property and if a son is subsequently bom,the alienation made before the birth cannot be questioned -But, the moment a son is born, the property becomes acoparcenary property and the son would acquire interest inthat and become a coparcener - Therefore, in the instant case,sale deeds and release deed executed by the father after thebirth of his son, to the extent of the entire property are illegal,null and void. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 466 |
Petitioner | Rohit Chauhan |
Respondent | Surinder Singh & Ors. |
SCR | [2013] 7 S.C.R. 897 |
Judgement Date | 2013-07-15 |
Case Number | 5475 |
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