Headline
The Supreme Court of India ruled that a Co-owner cannot sell the whole joint property without partition.
Summary
The Supreme Court of India said that a co-owner cannot transfer the entire joint property without finding out their share through partition. The Supreme Court held that the purchaser of the property only gets the share of the transferor, not the entire property.
Key Facts
- Case Name: SK. Golam Lalchand vs. Nandu Lal Shaw & Ors.
- Name of the judges: Justice Sudhanshu Dhulia and Justice Pankaj Mithal
- The appellant purchased the entire property from a co-owner, but other co-owners disagreed with the sale.
- The Supreme Court said that the transferor could only sell his undetermined share, not the entire property.
Legal Insights
A co-owner cannot sell the whole property unless their share is discovered and partitioned. The sale only applies to the portion of the transferor, and other co-owners retain their rights.
Impact
The ruling of the Supreme Court safeguards the rights of all co-owners, by making sure their interests which cannot be overridden by a single co-owner’s actions.
Why It Matters
This case showcases the significance of property partition in joint ownership and controls unjust deprivation of other co-owners’ rights.
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