Mitakshara coparcenary property
GANGAM.RAJENDER.
(Querist) 25 July 2014
This query is : Resolved
respected sir,
THE PRINCIPLE OF LAW APPLICABLE IN THIS CASE IS THAT SO LONG A PROPERTY REMAINS IN THE HANDS OF A SINGLE PERSON, THE SAME WAS TO BE TREATED AS A SEPARATE PROPERTY AND THUS , WOULD BE ENTITLED TO DISPOSE OF THE COPARCENARY PROPERTY AS SAME WERE HIS SEPARATE PROPERTY, BUT , IF A SON IS SUBSEQUENTLY BORN TO HIM OR ADOPTED BY HIM, THE ALIENATION WHETHER IT IS BY WAY OF SALE, MORTGAGE OR GIFT,WILL NEVERTHELESS STAND, FOR A SON CANNOT OBJECT TO ALIENATION SO MADE BY HIS FATHER BEFORE HE WAS BORN OR BEGOTTEN.
BUT ONCE A SON IS BORN, IT BECOMES A COPARCENARY PROPERTY AND HE WOULD ACQUIRE AN INTEREST THEREIN.
Q1.ACCORDING TO THE ABOVE PRINCIPLE THE FATHER WAS EXECUTED THE SALE DEED IN THE YEAR 1970.THE SON OF THE EXECUTENT CAN HAVE RIGHT TO CHALLENGE THE SALE DEED FOR CANCELLATION AS SON WAS BORN IN THE YEAR 1954 AS THE CASE WAS PENDING BEFORE THE DISTRICT COURT.AS SECTION 6(1) OF HINDU SUCCESSION ACT AND OLD HINDU LAW CAN APPLY HERE SIR. (CITATION C.KRISHNA PRASAD V. C.I.T., BANGALORER)
Q2. IN THE ABOVE QUERY WHAT IS THE MEANING OF "NEVERTHELESS STAND SIR". SALE DEED IS VALID OR NOT SIR.
THANKING YOU SIR
PLS GIVE ME VALUABLE SUGGESTION .
P. Venu
(Expert) 26 July 2014
You are an advocate and capable of finding the answers yourself. Kindly share the knowledge with us also.
T. Kalaiselvan, Advocate 
(Expert) 27 July 2014
The question in more precise manner might have fetched you a proper opinion. Being an advocate yourself, you must shoot queries in a brief and precise manner so that it can be properly understood and proper opinion can be rendered.
