THIMMAIAH vs NINGAMMA

The Supreme Court ruled that the properties in question were ancestral and could not be gifted away by Hiri Thimmaiah, the Karta of the coparcenary, to his second wife and her daughter without the consent of the other coparceners. The Court held that the deeds executed by Hiri were void as he lacked the authority to gift ancestral properties, referencing the precedent set in Ammathayee alias Perumalakkal v. Kumaresan (AIR 1967 SC 569). The appeal was allowed, affirming the Trial Court's decision that the properties belonged to the coparcenary and were not validly gifted.