separate possession as they were not
coparceners. The decisions in Prakash v. Phulavati
[Prakash v. Phulavati ... were
referred, and it was opined that Prakash v. Phulavati
[Prakash v. Phulavati, (2016) 2 SCC 36 : (2016) 1
SCC (Civ) 549] would still hold
paragraph-139, overruling the views to the
contrary expressed in Prakash v. Phulavati , (2016) 2 SCC 36 and
Mangammal v. T.B.Raju
above transactions.
80. A finding has been recorded in Prakash v.
Phulavati [Prakash v. Phulavati, (2016) 2 SCC 36 :
(2016) 1 SCC (Civ) 549] that ... with the concept of “living
coparcener”, as laid down in Prakash v. Phulavati
[Prakash v. Phulavati
Rajagopal and another (2009) 4
SCC 193.
5) Prakash and others Vs. Phulavati and others 2016-
2-LW-865.
http://www.judis ... Nadu
Amendment Act 1 of 1990.
22. In Prakash and others Vs. Phulavati and others
(cited supra), the Hon'ble Supreme Court in paragraph
invalidated. “
“75. A finding has been recorded in Prakash v. Phulavati
https://www.mhc.tn.gov.in/judis ... concept of "living coparcener", as laid down in Prakash v.
Phulavati . In our opinion, the daughters should be living on
9.9.2005. In substituted
invalidated. “
“75. A finding has been recorded in Prakash v. Phulavati
that the rights under the substituted section 6 accrue to living
daughters of living ... concept of "living coparcener", as laid
down in Prakash v. Phulavati . In our opinion, the daughters
should be living on 9.9.2005. In substituted
therefore
reference was not answered either way.
67. In Prakash v. Phulavati [(2016) 2 SCC 36], it was held that the
rights under the amendment ... conflicting decisions of the Supreme Court in
the cases of Prakash vs Phulavati [( 2016) 2 SCC 36], Danamma @ Suman
Surpur vs Amar
answer,
we overrule the views to the contrary expressed in
Prakash v. Phulavati [Prakash v. Phulavati
same as reported in
2016 2 SCC 36 ( Prakash and others vs. Phulavati and others )
and 2018 3 SCC 343 (Danamma alias Suman Surpur
others reported in 2014 AIR (Bombay) 151, Prakash and others
Vs. Phulavati and others reported in 2016 AIR (SC) 769, R.Seethamma @
Seetha ... approved by the
Honourable Supreme Court in Prakash and others Vs. Phulavati and others
reported in 2016 -2-L.W.865 and the Honourable Supreme
