Amendment Act 39 of 2005 and was
entitled to inherit the coparcenary property equal to her
brothers, apart from contentions based on individual
claims ... joint
family property by birth. They are also sharer
members of the coparcenary property at par
with all male members. When a partition takes
place
given retrospective
effect, when the daughters were denied right in the coparcenary
property, pending proceedings are to be decided in the light of the
amended ... coparcener. Any coparcener, including a daughter, can claim a
partition in the coparcenary property. Gurunalingappa died in the
5
year 2001, leaving behind two daughters
respect of schedule properties `A', `C' and `D' -
coparcenary property - the plaintiff claimed that he, 1st defendant
and 2nd defendant have ... without affecting the special
rights of the members of a Mitakshara Coparcenary. The Parliament
felt that non-inclusion of daughters in the Mitakshara Coparcenary
property
Very first step to
ascertain the share of the deceased in the coparcenary
property , by dong that alone can one determine the extent ... purpose of ascertaining the share of the
deceased in the coparcenary property, one cannot go back on
that assumption and ascertain the share
that therefore the interest of the deceased in the
Mitakshara coparcenary property would devolve by intestate succession under
Section 8 of the said Act. However ... argued that it is only the interest
of the deceased in such coparcenary property that would devolve by
intestate succession, leaving the joint family property
aforementioned five sons of Tulsi Ram were members of a Mitakshara
Coparcenary. We are concerned with the estate of one of the sons of Tulsi ... held that the nature of the property must be recorded as Hindu
Coparcenary and ancestral property, it was stated that the law applicable
before
This provision reads as under:
“6. Devolution of interest in coparcenary property.—When a
male Hindu dies after the commencement of this Act, having ... time of his death an interest in a Mitakshara coparcenary
property, his interest in the property shall devolve by
survivorship upon the surviving members
common stock it is regarded to be joint family property or coparcenary property. 'Until partition takes place, or only one member of the family ... left, without having any male issue, the coparcenary property remains with the family and upon the death of any one member only his interest devolves
Section 2(9) -Hindu Undivided
Family as an assessee-coparcenary and Hindu Undivided
Family-In the absence of a nucleus whether ... wife and unmarried daughter. True that the
appellant could not constitute a coparcenary with his wife
and unmarried daughter but under the Income
although separate property qua other relations but it attained the
characteristics of coparcenary property after the plaintiff Rohit Chauhan
was born. The finding recorded ... property immediately when Rohit Chauhan was born
thereby getting characteristic of coparcenary property.”
Accordingly, the trial court decreed the suit.
Defendant no. 1, aggrieved
