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Purnasinh D/O Rudradattsinh ... vs Heirs Of Decd. Jayshivsinh ... on 11 June, 2025

It is a settled legal position of law as enunciated by the honourable Supreme Court in number of decisions, right from the case of Valliammai Achi vs. Nagappa Chettiar and another, 1967 SCC OnLine SC 32, where in the court held that the property of a joint family is not entitled to be given away by way of a WILL and merely devolving a Mitakshara coparcenary property through WILL, no difference to the title of the property is affected. The court further observed that no coparcener can turn a joint family property into an absolute property as it is well settled that the share which is obtained on partition of property remains a coparcenary property.
Gujarat High Court Cites 76 - Cited by 0 - Full Document

Smt Shyama Devi vs Smt Manju Shukla And Others on 8 April, 2020

The ratio of the judgements of Hon'ble Apex Court in the cases of Doddamuniyappa (Dead) through L.Rs. (supra) and Valliammai Achi (supra) are of no help to the respondent having been given under entirely different facts and circumstances wherein proviso to Section 6 alongwith its explanation 1 of the Act of 1956, had no applicability. The provisions of Section 30 of the Act of 1956 also entitle interest of a male Hindu in mitakshara coparcenery property capable of being disposed of by him by (Downloaded on 08/04/2020 at 08:28:14 PM) (20 of 20) [CFA-700/2012] testamentary succession. In these circumstances, submission of learned senior counsel for the respondent deserves to be rejected.
Rajasthan High Court - Jaipur Cites 21 - Cited by 0 - M K Goyal - Full Document

V.Vandhana vs Vijayasekaran on 5 June, 2023

“339. Devolution of share acquired on partition. – The effect of a partition is to dissolve the coparcenary, with the result, that the separating members thenceforth hold their respective shares as their separate property, and the share of each member will pass on his death to his heirs. However, if a member while separating from his other coparceners continues joint with his own male issue, the share allotted to him on partition, will in his hands, retain the character of a coparcenary property as regards the male issue [Section 221, sub-section (4)].” (emphasis supplied) 7.11.This Court in Valliammai Achi v. Nagappa Chettiar and Ors. [AIR 1967 SC 1153] held that:
Madras High Court Cites 30 - Cited by 0 - S S Sundar - Full Document
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