Ancestral property cannot be gifted without consent of all coparceners

Last updated: 19 August 2022

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Quick Summary

The Supreme Court has ruled that a gift of ancestral property cannot be made solely out of 'love and affection' without the consent of all coparceners. Such gifts are only permissible for 'pious purposes', which are defined as charitable or religious in nature. The court affirmed that a gift deed executed without the agreement of all joint family members is void.

Court :
Supreme Court of India

Brief :
This is a landmark judgement by the Apex Court, which settled that gift of an ancestral property cannot be given on the basis of "Love and Affection" without consent of all coparceners

Citation :
K.C. LAXMANA(APPELLANT) Vs. K.C. CHANDRAPPA GOWDA & ANR. RESPONDENT(S)

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