other members to enforce a right to share therein against other co-parceners, and does not apply to a suit brought after partition by some ... this plaintiff and the other members of the family as co-parceners or tenants-in- common or as preferential heirs to the Zamindar
effect of causing immoveable properties heretofore held by the co-parceners as joint tenants thenceforward to be held by them as tenants-in-common ... part of the executants was deducible but that all the co-parceners not being parties to the document it did not effect an immediate division
would be valid and binding on all the parties constituting the co-parceners of joint hindu family, if all the members ... co-parceners of joint hindu family are not present at the time of alleged settlement?
(II) Whether a defendant who has neither filed written statement
visualized that such married plaintiff all in a sudden became a co parcener by virtue of the Hindu Succession (Amendment ... daughters on par with the sons could seek partition as the co-parceners. In support of his contention, he cited various decisions also
sole ground that they were co-parceners but on the ground that they were given with adequate Seervarisai at and around the time of marriage ... daughters. According to the new Section 6 , the daughter of a co-parcener becomes a co-parcener by birth in her own rights and liabilities
that arose for consideration is as to whether daughter being a co-parcener is a necessary party in a suit for partition of ancestral co ... defendants in the suit on the ground that they are co-parceners having equal right title and interest over the ancestral property. The plaintiff objected
enjoyment and the Mitakshara law governs the disposing power of the co-parcener in sole possession over the corpus of the estate. "But this ... incumber the corpus of the estate so as to bind his co-parceners except for justifiable or especial causes. Prior to 1889 there had been
owners. Consequently, by virtue of the fact that the daughters
are co-parceners after the amendment of provisions of Hindu
Succession ... co-parcener would be the
part and parcel of the co-parcenery property and will have a status
of co-parceners. With respect to devolution
suit filed in the
1968 determining the rien of the co-parceners and, the daugniers
i?
.
being not co-parceners being born earlier ... when there was a
partition earlier, they @annot be treated as co-parceners. The amendment
'is nly prospecuve! in nature and since they
admittedly the properties were those of a Hindu
undivided family and co-parcener had no right to
execute a settlement for a specific property ... also become equal co-parceners now.
20. After making exhaustive discussion on the right of a daughter as co-
parcener by birth, the Full Bench
