Succession

Right of purchaser of coparcener’s Interest; An Overview

 

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According to Mitakshara law as applied in Bombay, Madhya Pradesh and some other states, a coparcener may alienate his undivided interest in the entire joint family property, or his undivided interest in a specific property forming part of the joint family properties. However, he has no right to alienate, as his interest, any specific property belonging to the coparcenary, for no coparcener can, before partition, claim any such property as his own; if he does alienate, the alienation is valid to the extent only of his own interest in alienated property.[1] According to Mitakshara law, as it prevails in West Beengal, Uttar Pradesh and some other states, no coparcener can alienate even his own undivided interest in the coparcenary property without the consent of the other coparceners. If he does so, the alienation is not valid even to the extent of his own interest in the property. However, Mitakshara law, as administered in all the states, allows the sale of the undivided interest of a corpacener in execution of a decree against him. This rule as regards no coparcener being competent to alienate his own undivided share in the coparcenary property, is relieved of its rigour is case of sale by auction or such other eventually and such sale would not be tainted with any infirmity.[2]

On question over right of the purchaser of a specific property, or of coparcener’s interest in the specific property, as to possession and partition, whether the property can be alienated by private treaty or in execution. Almost in all cases dealt with this topic related to the sale of a specific property or the sale of undivided interest of a coparcener in a specific property, the principle laid down in those cases apply mutatis mutandis to the case of a sale of the undivided interest of a coparcener in all joint family properties.

 

[1] Vitla Butten v. Yamenamma, (1874) 8 Mad HC 6, P 11

[2] Dropdi Devi v. Jagdish, AIR 1989 Raj 110

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