Supreme Court of India · 1967-07-19
DWARAMPUDI NAGARATNAMBA vs KUNUKU RAMAYYA & ANR.
- Citation / case number
- SC 1965/192
- Court
- Supreme Court of India
- Petitioner
- DWARAMPUDI NAGARATNAMBA
- Respondent
- KUNUKU RAMAYYA & ANR.
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that under the Madras School of Mitakshara law, V had no power to gift his undivided interest in coparcenary properties to his concubine, as the transfers were without consideration and constituted gifts. The Court clarified that past cohabitation could not be treated as subsisting consideration under Section 2(d) of the Indian Contract Act, 1872, and the gifts were not validated by the disruption of the joint family. The appeal was dismissed, affirming the High Court's decision that the transfers were void.