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Alienation S
Alienation S
MEANING:
But if the alienor is the father and the same has been
set aside at the instance of the sons during the father’s
life time, has the alienee any equity or right against
the interest of sons?
In Hasmat v. Sundar (1885) 11 Cal 396 it was held
that if the sale is set aside, it is clear that the alienee
would be entitled to recover the purchase money from
the father.
It would be, therefore, their father’s debt and unless
they showed that it was an avyavaharika debt, the
whole joint family property would be liable for it. It
follows, therefore, that whole joint family would be
liable for it.
It follows, therefore, that the sons cannot recover the
property without refunding the whole of purchase
money.
Coparcener’s Alienation and Alienee
Where alienation is valid-alienee is entitled to the
interest of the coparcener as it existed at the time of
alienation.
Right to partition