Amendment of 2005 to the Hindu Succession Act,
1956 which has conferred coparcenary rights to the women, equivalent to
that of men, is a quintessence ... woman as a Karta, despite having
been conferred equal rights equal coparcenary rights as men, has emerged
in the present case, leaving the ball
properties.
27. It is denied that there was no coparcenary property. The business as
well as the property in question, was claimed ... coparcenary
property.
28. The defendant No. 1-Vinod Gupta has asserted that only fault
committed by him is that the parents of his wife, defendant
providing that on the demise of the
coparcener, his interest in coparcenary property would not be governed by
this Act, but would devolve by survivorship ... Hindu Succession Act, 2005 provides for "deemed division" of the
coparcenary property on the demise of a coparcener; abrogation of
inheritance by survivorship
court to grant relief by injunction
restraining the karta from alienating the coparcenary property.‖
63. It is thus, explained that a coparcener has no right ... Raghavachariar's, Hindu law, 5TH Edition at p. 838, the concept
„coparcenary' was defined as under:
―Co-parcenary is a narrower over body
court to grant relief by injunction
restraining the karta from alienating the coparcenary property.‖
63. It is thus, explained that a coparcener has no right ... Raghavachariar's, Hindu law, 5TH Edition at p. 838, the concept
„coparcenary' was defined as under:
―Co-parcenary is a narrower over body
principles in regard to
the partition and possession of the shares of coparcenary, co-owners, co-
sharerers or joint owners. It was explained that while ... self-acquired property or ancestral
property or joint property or coparcenary property in his/her hand, and if
so, who are/were the coparceners
However, some properties have yet not been sold and
formed part of coparcenary. It was also claimed by the plaintiff that since
the defendant ... already taken more than 50% of his share in the
coparcenary property, he is not entitled to any share in the properties that
remain. Rather
Even otherwise, the suit
properties do not belong to the coparcenary qua the plaintiff and since, the
defendant No.2, the father of the plaintiff ... when the customary
Hindu was prevalent, a coparcenary with HUF properties, which came
into existence prior to passing of the Hindu Succession
before 20.12.2004, the property has ceased to be a
coparcenary property and the applicants/plaintiffs cannot file the suit for
partition of the property ... Signing Date:06.01.2024
02:54:53
of devolution of interest in coparcenary property. There is not a single
averment in the entire Plaint about
their respective portions of the suit property. There has been no
coparcenary existing in respect of the suit properties on 09.09.2005 and the plaintiff
