Right of Stranger Purchaser of Coparcener's Interest..

Right of Stranger Purchaser of Coparcener's Interest in Joint Hindu Property...

                               

- In a some states of India 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 property.

- A coparcener has not right to alienate any specific property or portion of property as his own before partition.

- A stranger purchaser does not acquire a right to joint possession with the other coparcener.

- A stranger purchaser have right to file general suit for partition in which suit be joined all coparcener and all property of joint family be included.

- In partition suit stranger purchaser have right of equity on partition subject to coparcener's liability attached to the alienor's share.

- In partition stranger purchaser may or may not gate property purchased by him.

- Right to sue for partition may exercised before or after death of vendor coparcener.

- A coparcener shall not be prohibited by any law to alienate his share.

.... Relevant Provision....

...Un Codified Hindu Law - Chapter. Alienation of Undivided Coparcenary Interest...

......... Relevant Judgement...

- M.V.S. Manikayala Rao v/s M. Naraisimhaswami and others -  A.I.R. 1966 S.C. 470.

- Hardeo Rai v/s Sakuntala Devi - A.I.R. 2008 S.C. 2489= 2008(5) Mh.L.J. 490.

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