https://www.taxtmi.com/caselaws?id=40086 Under Mitakshara law, a coparcener cannot ordinarily gift an undivided coparcenary interest without the consent of the other coparceners. A genuine renunciation or relinquishment in favour of the remaining coparceners as a body is, however, recognised and may be upheld where the transfer is in substance for their benefit. The Hindu Succession Act, 1956 permits testamentary disposition under section 30 and changes devolution under section 6, but does not otherwise displace the rule against gift of an undivided coparcenary interest. On that construction, a transfer may be sustained as a valid relinquishment rather than an invalid gift. en-us Wed, 06 May 1987 00:00:00 +0530 Sat, 26 Jul 2014 08:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=40086 Under Mitakshara law, a coparcener cannot ordinarily gift an undivided coparcenary interest without the consent of the other coparceners. A genuine renunciation or relinquishment in favour of the remaining coparceners as a body is, however, recognised and may be upheld where the transfer is in substance for their benefit. The Hindu Succession Act, 1956 permits testamentary disposition under section 30 and changes devolution under section 6, but does not otherwise displace the rule against gift of an undivided coparcenary interest. On that construction, a transfer may be sustained as a valid relinquishment rather than an invalid gift. Case-Laws Income Tax Wed, 06 May 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=40086