The suit property which is undivided is left with the
co-owners to proceed in accordance with law to get their
shares determined and demarcated before making a
transfer. {Para 24}
25. The point for determination formulated in paragraph 12
above is accordingly answered and it is held that Brij
Mohan alone was not competent to transfer the entire
property without getting his share determined and
demarcated so as to bind the other co-owners.
Accordingly, the defendant-appellant S.K. Golam
Lalchand has rightly been restrained by the decree of
injunction in acting in derogation of the propriety rights
of the co-owners until and unless the partition takes
place.
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4177 OF 2024
SK. GOLAM LALCHAND Vs NANDU LAL SHAW @ NAND LAL KESHRI @ NANDU LAL BAYES & ORS.
Author: PANKAJ MITHAL, J.
Citation: 2024 INSC 676.
Dated: SEPTEMBER 10, 2024.
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