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may 1987

Supreme Court of India · 1987-05-06

THAMMA VENKATA SUBBAMMA (DEAD) BY L.R. vs THAMMA RATTAMMA & ORS.

Citation / case number
SC 1974/60403
Court
Supreme Court of India
Petitioner
THAMMA VENKATA SUBBAMMA (DEAD) BY L.R.
Respondent
THAMMA RATTAMMA & ORS.
Bench
DUTT, M.M. (J)

Judgment text excerpt

The Supreme Court held that a gift by a coparcener of his undivided coparcenary interest to another coparcener is valid under Hindu Law, specifically under Section 30 of the Hindu Succession Act, 1956. The Court clarified that such a gift should be construed as a renunciation of interest rather than a void transaction requiring consent from other coparceners. The appeal against the High Court's decision affirming the validity of the gift was dismissed, establishing that consent of other coparceners is immaterial in this context.

THAMMA VENKATA SUBBAMMA (DEAD) BY L.R. vs THAMMA RATTAMMA & ORS. · Niyam