Upgrad LLM

sale of undivided share in huf property

Advocate

My query is as under:

"Whether a coparcener in the joint property of Hindu Undivided Family can sell his undivided share, especially when rest of the coparceners are not ready for partition. If not, can he be restrained by way of permanent injunction until she get the partition done by court?"

 

"While a temporary injunction confines to "pendency of suit", can a permanent injunction be granted upto a specific point of time in future, say partition?


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Advocate

Sir a copacener can't transfer his share in copacenary property as he doesn't have any vested interest in the property. This transfer will be barred by section 6(a) of Transfer Of Property Act . "6.— Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force, — (a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. ..." he can only claim partition. If he is selling his share without partition , both temporary and permanent injunction can be issued.

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