nature.
Mr.Chadha contended that the said provision applies only to
coparcenary property of a male Hindu holder, who expired after
09.09.2005, the date when ... seeking devolution of any
interest in the coparcenary property. He urged that when sub-section
CS(OS) 663/2011 Page
joint family may consist of female members also but a Hindu
coparcenary is however a narrower body than the joint family; only male
members ... acquire by birth interest in the joint or coparcenary property
can be members of the coparcenary or coparceners. The exception contained
plaint that as the suit property had been
treated as coparcenary property, plaintiffs being other members of the family
had acquired their rights ... ancestral but premised on the basis that suit property was a coparcenary
property. Paragraph 19 of the plaint is reproduced hereinbelow:-
"19. That
thereof.
However the said para 14 refers to the case of a coparcenary. On the
contrary the case of the plaintiffs is merely ... basis of the properties
being ancestral properties. No case of any coparcenary of grandfather and
father of the plaintiffs is pleaded.
6. The counsel
property in the absence of the existence of a joint
family or coparcenary property. The existence of joint
family property is not necessary before ... movable or immovable, may,
nevertheless be joint. If the existence of the coparcenary
property is considered as a pre-requisite for throwing the
property into
suit
property. It is stated that since it was a JHF coparcenary property, all
coparceners including deceased Rajpal and Defendants 1 to 7 acquired
right ... possession of the suit property. It is stated
that the concept of coparcenary JHF is not available under the DLRA
and the HSA does
held Benami by the defendant
No.1 which was/is a coparcenary of the joint family. The said
properties have thus become ancestral properties ... plaint aforesaid shows that though the plaintiff has
pleaded HUF/joint family/coparcenary but the entire basis of the said pleas
is the factum
they have any right in the property say because
of coparcenary or because of inheritance, such right can be
claimed by an independent civil suit
share in father's property and becomes part of the
coparcenary. His right accrues to him not on the death of the
father
said Gift deeds.
16. When the nature of the property as coparcenary or HUF
property cannot be proved, the Court must proceed with the
understanding
