ROHIT CHAUHAN versus SURINDER SINGH & ORS.

ROHIT CHAUHAN versus SURINDER SINGH & ORS.

Property received by father on partition remained separate property until birth of his son. After son's birth, it became coparcenary property; alienation by the father of entire property without legal necessity is illegal, null, and void.

Parties
Appellant: Rohit Chauhan; Respondent: Surinder Singh
Jurisdiction
India
Judgment Date
15 July 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Restoration of Trial Court Decree
Outcome
Appeal allowed
Legal Topics
Coparcenary Property, Ancestral Property, Hindu Succession, Property Alienation
Family Law Coparcenary Property Ancestral Property Hindu Succession Property Alienation

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Parties

Rohit Chauhan

Appellant

Surinder Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Restoration of Trial Court Decree

Legal Issues

  1. 1 Whether property received on partition by the father retained coparcenary character after birth of son
  2. 2 Whether alienation of coparcenary property after birth of son is valid

Ratio Decidendi

Property received by father on partition remained separate property until birth of his son. After son's birth, it became coparcenary property; alienation by the father of entire property without legal necessity is illegal, null, and void.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of lower appellate court as affirmed by High Court set aside
  • Decree of trial court restored