Renunciation of Coparcenary Interest in Favour of Other Coparceners

A coparcener may not make a gift of his share without the consent of the other coparceners. He may however, renounce his share in favour of the other coparceners. In the latter case no question of consent of coparceners arises.

In Venkata Subbamma v. Rattamma, AIR 1987 SC 1775, A and  were brothers and members of a coparcenary. A made gift to  and died. Later  died leaving his (B’s) sons. A’s wife sued for partition ignoring the gift deed since a coparcener cannot make a gift.

The Supreme Court held that the gift deed in this case was not void because it is to be treated as a relinquishment or surrender of A’s interest in favour of his coparcener  as well as the other coparceners (namely, sons of B). The alternative claim of A’s widow for maintenance was upheld.

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