before substitution by the Amendment Act:-
"6. Devolution of interest of coparcenary
property.- When a male Hindu dies after the
commencement of this ... having at the time of his death
an interest in Mitakshara coparcenary property, his interest
in the property shall devolve by survivorship upon the
surviving
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
Gulati. He contended that
the question of inheriting any family business or coparcenary business did
not arise. He showed an extract of the passbook ... Gulati
had been mentioned in the plaint.
10. Mr. Bali submitted that coparcenary is a creation of law and cannot be
created
held that daughters
have an equal right in the coparcenary property in terms of the amended
Section 6(1) of the Hindu Succession ... present suit) did not have a right in the
coparcenary property, and hence Section 6(1) does not give them a legal
right
same reads as under:
"6. Devolution of interest in coparcenary property.--(1) On
and from the commencement of the Hindu Succession
(Amendment ... same
manner as the son;
(b) have the same rights in the coparcenary property as she would
have had if she had been
1381/2010 Page 20 of 37
a Hindu coparcenary is however a narrower body than the
joint family; only male members who acquire by birth ... interest in the joint or coparcenary property can be
members of the coparcenary or coparceners. The
exception contained
submitting that the suit property being a coparcenary property, the
devolution of interest therein was to be guided by the said section. To
fortify ... that prescribes the manner of
devolution of interest in a coparcenary property and lays down that as
long as the property remains in the hands
parcenary property and desires to blend his separate property with the coparcenary property."
The above passage makes it clear that a person ... following words:- "THE basis of the doctrine is the existence of coparcenary and co-parcenary property as well as the existence of the separate
Ganga Ram, Teliwara, Shahdara, Delhi - 110 032; and,
(xviii) there is no coparcenary or HUF and the question of the plaintiff and
the defendants being ... even if believed, makes out a case of existence of an
HUF / coparcenary and of the property, with respect to which suit is filed
being
ratio of the aforesaid case
regarding the incidents of a Hindu coparcenary it
would appear that a Hindu coparcenary has six
essential characteristics, namely ... representing their ancestors; (2) that the members of
the coparcenary have the right to work out their rights
by demanding partition; (3) that until partition
