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Mr. Parth Ghorpade and another v. Mr. Indrajeet D. Ghorpade and others (Karnataka HC)
(2024) Law Today Live Doc. Id. 19751
(2024) Law Today Live Doc. Id. 19751
From the Database of www.lawtodaylive.com
Karnataka High Court
Before: H.P. Sandesh, J.
Miscellaneous First Appeal No.6434 of 2024 (CPC)
Date of Decision: 13.12.2024
Date of Decision: 13.12.2024
Mr. Parth Ghorpade and another - Appellants
Versus
Mr. Indrajeet D. Ghorpade and others - Respondents
Hindu Succession Act, 1956 (30 of 1956), Section 6, 8 – Co-parcenary property – Sole-coparcener – Alienation of property – Right of -- Sole surviving co-parcener is entitled to dispose of the coparcenary property as his separate property as long as he remains a sole surviving coparcener and he may sell or mortgage the coparcenary property even though there is no legal necessity or family benefit or may even make a gift of the coparcenary property -- When the sons and grandchildren are born to the family, then automatically by birth they acquire the right over the ancestral and joint family property and cannot dispose of the same.
(Para 22, 23)
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