Property in hands of a sole coparcener allotted to him in partition shall be his separate property till children is born to him
It is now well settled in view of several decisions of this Court that the property in the hands of a sole coparcener allotted to him in partition shall be his separate property for the same shall revive only when a son is born to him. It is one thing to say that the property remains a coparcenary property but it is another thing to say that it revives. The distinction between the two is absolutely clear and unambiguous. In the case of former any sale or alienation which has been done by the sole survivor coparcener shall be valid whereas in the case of a coparcener any alienation made by the karta would be valid.”1
Rohit Chauhan Vs. Surinder Singh & Ors.1
https://www.lawweb.in/2013/12/property-in-hands-of-sole-coparcener.html
(2013) 40 SCD 554
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION1
CHANDRAMAULI KR. PRASAD AND V.GOPALA GOWDA, JJ.
JULY 15, 2013
CIVIL APPEAL NO.5475 OF 2013
(@ SLP (C) No. 22388 of 2011)
ROHIT CHAUHAN …APPELLANT
VERSUS
SURINDER SINGH & ORS. …RESPONDENTS
Citation;(2013) 9 scc 419
