In Brief
A dispute arose over immoveable property in Mumbai owned by a deceased. His widow, son and four daughters were the legal heirs. The son sold half the property to a buyer in 1969, claiming full ownership. The daughter sued for administration of the estate and sought to set aside the sale as void. The trial court annulled the sale, but the High Court reversed this, holding the sale valid to the extent of the son's actual undivided share (1/5th). The Supreme Court affirmed that a co-owner can sell only his share. It rejected partition relief as the other heirs were not properly impleaded, and directed status quo until legal partition. The daughter retains possession without disturbance pending partition.
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