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V. N. Sarin v. Ajit Kr. Poplai AIR 1966 SC 432

ISSUE:

Whether the partition of co-parcenary property among the coparceners under Hindu Law is a transfer within the meaning of S. 53 of the Transfer of Property Act, 1882, and therefore, can it said to be "an acquisition by transfer" within the meaning of s. 14(6) of the Act?

RULE:

The partition of coparcenary property does not amount to transfer. The joint family members were enjoying the property rights and had an interest in the property beforehand. The division of coparcenary property is the division of rights among the coparceners, collectively into individual or specific rights.

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