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
grandfather, to find a grandson who is a member of a coparcenary in two distinct capacities."
He also directed our attention to another passage ... interest in it by birth. Such property is held by him in coparcenary with his male issue, and the doctrine of survivorship applies
Bench to a Full Bench:
1. Do all the incidents attaching to coparcenary property attach to the self-acquired property of a Hindu father which ... share held by his father, there came into existence two coparcenaries - one consisting of Mata Din and Ram Kumar and the other
property by the subsequent transfer having acquired title against the coparcenary body by 12 years adverse possession must be deemed a transferee of the coparcenary ... however, as an obiter dictum that assuming that a transferee of the coparcenary body could question an assignment by the manager, a transferee in possession
assessee in respect of the interest of the assessee in the coparcenary property of any Hindu undivided family of which he is a member ... that 'the family property is owned by the whole coparcenary as a sort of corporation. The learned Judge therefore held that the property
necessary to examine the concept in Hindu Law of a Mitakshara coparcenary and the basis underlying it.
The term "coparcener" was borrowed ... purpose of describing the members of a joint Hindu family. A "coparcenary" in English law, is however, very different from the body
sons of Durgu constituted a Joint Hindu Family. The properties were coparcenary properties. On the death of Chhangey, his share went to the other members ... coparcenary by survivorship. Consequently, the plaintiff had a 1/2 share in the house as well as in the tenancy holding.
4. The defence
Mitakshara School of law:
A widow cannot be a member of a coparcenary and therefore the appellant is not a member of a Hindu undivided ... includes their wives and unmarried daughters.
8. Paragraph 213 says:
A Hindu coparcenary is a much narrower body than the joint family. It includes, only
death of the deceased in consequence of which 1/4th of the coparcenary property passed on his death ?"
2. The facts, briefly stated ... person, the branch of the deceased had one-half share in the coparcenary property, and in that half share, the share of the deceased
Profits Tax it was observed as follows :
" If members of a coparcenary are to be regarded as having become partners in a firm with ... notion of a joint undivided family to hold that with reference to coparcenary properties the members can at the same time be both coparceners
