Who May Object To Alienation Of Coparcener Property And To What Ex­tent?– Explained!

Where a coparcener has made alienation in excess of his power it may be set aside by any other coparcener who was in existence at the time of the alienation. This alienation may also be set aside by a coparcener who was in his mother’s womb on the date of alienation and because a son in the womb is equal to son born in many respects.

Alienation cannot be challenged by an adopted son adopted after the date of alienation if the alienation was valid when it was made in all respects. An alienation made by a father having no male issue at the time of alienation cannot be objected to by a son born after the date of alienation.

In Uttar Pradesh the alienation can be impeached in addition to those mentioned above by the following persons also:

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(i) Subsequent transferee who has acquired by transfer or by limitation entire estate of the whole joint family in the property alienated.

(ii) The reversionary heir to the estate of a non-alienating coparcener is also entitled to impeach an alienation made by another coparcener.

(iii) A prior mortgage of joint family property from a single coparcener is not entitled to impeach subsequent sale of the prop­erty.

(iv) The alienor himself cannot challenge his own alienation.

A coparcener cannot make a gift even of his own share. There­fore, upon the objection of the other coparcener the gift will be set aside in its entirety.

But in the case of a gift made by the father of ancestral movable property within reasonable limits through affection can­not be set aside. Similarly, a gift of immovable ancestral property by the father within reasonable limit for the pious purposes is valid.

In the States of Bombay and Madras where a coparcener al­ienates the family property by sale or mortgage in excess of his own share, the alienation will set aside only to the extent of the excess if his own personal share. The other coparcener is en­titled to set aside to the extent of their own interest therein.

In the State of Uttar Pradesh and Bengal, if the sale or mort­gage by one coparcener is neither for the legal necessity nor for the payment of an antecedent debt the other coparceners are en­titled to a declaration that the alienation is void in its entirety

It has been held by the Allahabad and Patna High Courts that the alienation can be impeached only by a coparcener other than the alienating coparcener.