Hindu succession act section 30
R.Manivasagan
(Querist) 17 August 2014
This query is : Resolved
1. Can any of the Co-owner transfer his right for consideration and executed a Release deed in favor of the other co-owner?
2. If it is so, the other co-owners those who did not contribute any paisa for the consideration paid to the co-owner for execution of Release Deed, can enjoy the deed?
Is there any citation in this regard than Thamma Venkata Subbamma (Dead) By ... vs Thamma Rattamma & Ors on AIR 1987 SUPREME COURT 1775. Please
Devajyoti Barman
(Expert) 17 August 2014
1. Yes
2.Yes if he is shown a transferee.
Citations are not supplied here.
Kumar Doab
(Expert) 17 August 2014
Agreed with Mr. Barman.
Anirudh
(Expert) 17 August 2014
Dear Manivasagan,
Pl. note the decision in Thamma Venkata Subbamma case relates to co-parcenary property.
I do not think in your case it is co-parcenary property. But in your case it only appears to be a co-ownership. In the co-ownership, if anybody relinquishes his interest in favour of any particular person, then only that particular person can get the same. However till such time the property is divided into mete and bounds, everybody (including those in whose favour the share has not been relinquished) will enjoy the same. But the moment partition takes place, others cannot enjoy the same. Even, when the property remains undivided, but individual co-owners have specific portions then in that case if anybody relinquishes his share that share in that event can be enjoyed only by the person in whose favour the same has been relinquished, and not by others.
Rajendra K Goyal
(Expert) 18 August 2014
Agree with the expert Devajyoti Barman.
R.K Nanda
(Expert) 18 August 2014
agree with experts.
malipeddi jaggarao
(Expert) 18 August 2014
Well advised by Experts Mr.Devajyoti Barman and Mr.Anirudh. Nothing to add.
Anirudh
(Expert) 18 August 2014
Dear Mr. Jagga Rao,
Myself and Mr. Barman said opposite things.
malipeddi jaggarao
(Expert) 18 August 2014
According to my analysis, both are same - Mr.Barman gave one word answers and you (Mr.Anirudh) elaborated the same. Hope I am not wrong.
Anirudh
(Expert) 18 August 2014
Dear Mr. Jagga Rao,
The querist wants to know whether the decision of the Supreme Court in the case of Thamma Venkata Subbamma (Dead) By ... vs Thamma Rattamma & Ors on AIR 1987 SUPREME COURT 1775 is applicable to his case where he is talking about co-owners (not co-parceners).
After noting this difference, if you read the answers, then you will find that we have given opposite views.
Still, if you feel that the answer given by both are same, it is fine with me.
R.Manivasagan
(Querist) 21 August 2014
Thank You very much dear seniors and experts. In my case the property is self acquired property of the deceased father who died intestate leaving his wife, 2 sons and 4 daughters. The widow and 4 daughters executed a deed after receiving some amount from one of the son and relinquished 5/7 shares in favour of that son. My client is having 1/7 + 5/7 totally 6/7 shares in the properties of deceased. Now the another son who did not party to the deed and also to the contribution, is claiming half right in the proprieties as of it is a co-parcenery property.
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
The release deed executed by other share holders in favor of one of the remaining share holders for some consideration is almost a sale deed executed to that share holder, which confers the title to the person acquiring (purchasing) those shares in the property, therefore the other son who has not purchased the property cannot claim a share in the relinquished properties.
