This website uses cookies to ensure you have the best experience. Learn more

Coparceber´S Right Of Alienation Essay

1511 words - 7 pages

CHAPTER IV – COPARCENER’S RIGHT OF ALIENATION
The law has shifted quite a bit from the archaic position. The Supreme Court in Thamma Venkata Subbamma v Thamma Rattamma discussed in detail the position of the law with regards to alienation of property by way of gifts. It stated that gifts made by any one coparcener of joint family property, even if only their own undivided share, was void until and unless it was with the consent of the other coparceners. It also stated that the reason for this is to prevent breakdown of joint families. This ratio was recently applied in R. Kuppayee v Raja Gounder, Baljinder Singh v Rattan Singh and in K.C. Laxmana v K.C. Chandrappa.
The law with regards ...view middle of the document...

CHAPTER V – LEGAL RECOURSE IN CASE OF INVALID ALIENATION

If the father, karta, coparcener or sole surviving coparcener oversteps their power in making the alienation, it can be set aside by any other coparcener who has an interest in the property, by applying to a competent court for the same.

As had been stated before, it is open to the coparceners to challenge alienations made by the karta or father on the grounds that they do not fulfil any one or more of the prerequisites for a valid alienation even though they cannot in the first instance stop it from taking place.

Only those coparceners who had been conceived at the time of the transaction, i.e. they were in existence, are competent to challenge the alienation. Any coparcener born afterwards is barred from doing the same. A transaction not for legal necessity, or benefit of estate, or not undertaken with the consent of the other coparceners will be voidable.

CHAPTER VI – ALIENEE’S RIGHTS AND REMEDIES

A transferee receiving an undivided share from the coparcener in a joint family property generally steps into the shoes of the transferor and becomes entitled to ask for partition and thus obtain his share in the coparcenary property. However, he is not entitled to seek possession and enjoyment of the subject matter property along with the other coparceners though earlier cases in high courts recognized instances where he might do so.

The alienee of a specific property or of the undivided interest of a coparcener in such property has on a general partition, an equitable right to have his share in that property assigned to him. However, there may be cases where it is inequitable or impracticable to do so, and in such cases the alienee is entitled to recover from the alienor, property of an equivalent value out of the properties allotted to the alienor for his share in substitution of the property alienated.

The alienee may also have a right to mesne profits depending on his right to possession. In Sidheshwar Mukherjee v. Bhubneshwar Prasad the Supreme Court has held that the purchaser of the share of a coparcener is entitled to the possession of the property he has purchased with effect from the date when the specific allotment was made in his favour, not from the date when he first purchased an unspecified share in the coparcenary property. The Supreme Court followed its own judgment once again in K.P. Ramamurthi v Govindaswami Mudaliar.

The alienee also has the right to sue for specific performance, though the performance will only be in a limited sense. In Kartar Singh v. Harjinder Singh, the Hon’ble Supreme Court held that where the shares are separable and a party enters into an agreement even for sale of share belonging to other co-sharer, a suit for specific performance was maintainable at least for the share of the executor of the agreement, if not for the share of other co-sharers. It was further observed: "As regards the difficulty pointed out by the High Court,...

Find Another Essay On Coparceber´s Right of Alienation

Marx's Theory of Alienation Essay

1019 words - 4 pages Marx's theory of alienation has to do with the separation of things that logically belong together. According to Marx, alienation is a universal result of capitalism. Marx's theory of alienation is based upon his observation that, within the capitalist mode of production, workers consistently lose determination of their lives and fates by being deprived of the right to envision themselves as the administrator of their actions. Workers become

Wuthering Heights by Emily Bronte and Oroonoko by Aphra Behn - how tragic lives of main characters are perfect examples of the theme of alienation and its effects on man's search for identity

1708 words - 7 pages lived.Heathcliff's alienation and vengeance can be traced back to the abuse he received from Hindley, his failed romance with Catherine, and his own decision to torture himself in spite of those who he felt wronged him. Right in the beginning we see trouble brewing as Heathcliff is rejected by Hindley and the mother. We read of Hindley beating Heathcliff without reprimand. It isn't until Mrs. Earnshaw dies and Hindley is sent off that we see Heathcliff

Issues of Adolescence and Predominant Psychological Theories

2498 words - 10 pages distant, and simultaneously enmeshed family relationships” (p. 110). Works Cited Berg, F. (1999). Women afraid to eat: breaking free in today's weight-obsessed world. Hettinger, ND: Healthy Weight Network. Berrettini, W. (2004, November). The genetics of eating disorders. Psychiatry. 1(3), 18–25. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/21191522 Dictionary.com. (2013). Retrieved from http://dictionary.reference.com/browse/alienation?s=t

Aleination and Rejection in Literature

1980 words - 8 pages prime example of alienation and rejection’s importance in literature. One of the main themes of the story is that when good is done without someone’s free will and intention that in a way it is actually less than doing what is wrong. The author tends to point a finger at higher authority for what imposes what is right and wrong on humanity. The way this connects to alienation and rejection is how the character Alex did not face either of these

Marx’s Theory of Alienation in The Context of Technology and Artificial Intelligence - University of Toronto Sociological Theory - Essay

1640 words - 7 pages Marx’s idea of how technology has contributed towards alienation in today’s society in the context of a capitalistic mode of production. However, his theory disregards the fact that technology can be used to complement worker’s growth and engagement at work in a capitalist which is also evidently clear in today’s society especially in the field of AI and other IT based industries. Bibliography Books: Krahn, Harvey, Karen D. Hughes, and Graham S

Illustrating the Theme of Alienation in The Metamorphosis by Frank Kafka

570 words - 2 pages in a secluded room. Essentially, the Samsa' s see Gregor as dead, so when he actually does die, they show no concern or care, simply relief. Essentially, Gregor went through various stages of emotional and physical alienation, the ultimate stage, however, being death.

Parental Alienation

1505 words - 6 pages Parental Alienation has had an enormous impact on my life. Being, separated from my daughters was the most dramatic event I have ever experienced. Preferably, I would be writing about the joyfulness of marriage and fatherhood. However, in this case it is not to be a happy conclusion, yet. For a time, there was nothing more pleasurable in my life. There is nothing, I can truly say that can compare to the emotions of becoming a father for the

Alienation and Isolation Depicted in "The Lemon Orchard" and "The Third and Final Continent"

1124 words - 4 pages . Croft. It is here that the story has a complete change by Mrs. Croft stating that Mala is "a perfect lady". This makes the man suddenly realize that Mala is a perfect lady but she has to learn and become accustomed to her surrounding which they begin to do together “Together we explored the city and met Bangalis” Both the man`s and Mala`s Isolation and Alienation end. Throughout the stories the environment and the settings have been used to enhance the theme and mood within both stories. The writers managed to create interesting, imaginative and dynamically strong stories of isolation and alienation, and the impact was powerful on the reader.

Comparative Analysis of A Catcher in the Rye by J.D Salinger and Speak by Laurie Halse Anderson

1148 words - 5 pages It is amazing that two completely different characters could not only be faced with an identical dilemma, but also both react in such comparable ways. The resemblance of the characters’ struggles because of alienation in the popular novels The Catcher in the Rye and Speak is astonishing. Alienation can be caused by many factors and result in many consequences. But it is interesting how the situations individuals face can be quite similar. Within

American Civil War: The Jim Crow Laws combined with the actions of white terrorist groups contributed to the alienation and isolation of the African Americans

1708 words - 7 pages , especially Ku Klux Klan, contributed to the alienation and isolation of African Americans after the Civil War. Blacks endured constant violence from groups such as the Ku Klux Klan, living in fear of being lynched. The Jim Crow Laws made it impossible for African American to stop this violence and prejudice against them, not having the right to vote. As the government supported the alienation of Blacks, African Americans, without the right to vote, could

Socialism

1741 words - 7 pages , and in doing so, better society on the whole. The focus of Marx’s philosophical writings about social structure is alienation. He believes that social or psychological alienation arises out of economic or material alienation. In other words, consciousness is determined by material conditions. He states that the alienated person feels a lack of meaning in his life, or a lack of self-realization. There are three types of alienation. The first type

Similar Essays

To What Extent Do Survival Strategies Help Counter Worker Alienation

3193 words - 13 pages he believes that subjectivity is irrelevant as alienation is the 'norm' of capitalism.The cause of alienation has been stated by Marx as "when employees relinquish the right to control their own labour" (Noon & Blyton, 1997, pg 141). Although differing views occur over the origin of alienation, this cause also seems to be re-enforced by Blauner's view that alienation exists "when workers are unable to control their immediate work processes

Resolving Alienation Issues Essay

2436 words - 10 pages , temperamental and irritable, but sometimes these emotional expressions can be more than just the typical teenage doldrums. Shrivastava and Mukhopadhyay (2009, p.100) report that the repercussions of adolescent alienation can be “so serious and harmful that it not only obstruct the growth of the institution but damages the personality of the individual also.” Asking the right questions and gathering information regarding an

Alienation Comparison: The Secretary Chant And Alienation And Orange

749 words - 3 pages alienation of the workers to the results of their labors in a cohesive manner. Yet to think that the person is right would be a folly. A sense of detachment from the text doesn’t induce the understanding of the alienation the parties involved in the article experience, or that the author wants one to understand. This is due to the language spoked, due to it being so distanced and analytical, as seen in, “According to statistics recently compiled… In a

Karl Marx And Capitalist Alienation Essay

1874 words - 7 pages ) Thus, although alienation provides an understanding of the problems of capitalism, it does not provide a means of escaping it. 1. L. Kolakowski, Main Currents of Marxism, pp 115. 2. L. Kolakowski, Main Currents of Marxism, pp 115. 3. B. Ollman, Alienation, pp 133. 4. S. Avineri, Karl Marx: Social and Political Thought. 5. This point is also put forward by Herbert Marcuse. 6. L. Kolakowski, Main Currents of Marxism. 7. K. Marx