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july 1967

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.

DWARAMPUDI NAGARATNAMBA vs KUNUKU RAMAYYA & ANR. · Niyam