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
sons Palanisamy
(defendant no. 1) and Arumugam (defendant no. 2) formed a
coparcenary which owned the suit property. Moola Gounder died
intestate on 28.12.1971 leaving ... remaining one third
which was the share of Moola Gounder in the coparcenary was to
be inherited by his wife (defendant no.5), two sons
that the transactions not
covered thereby will not affect the extent of
coparcenary property which may be available when
the main provision is applicable. Similarly ... place before 20 day of December,
2004.
(iii) Since the right in coparcenary is by birth, it is
not necessary that father coparcener should
While a joint family is a larger body consisting
of members, a coparcenary is a narrower body and
consists of only those persons who have ... daughter equally to
that of a son in a Mitakshara coparcenary property, on the
death of a coparcener. (2) The members of the
coparcenary have
Late Bhaskaranand and his two sons. The three formed
an undivided Hindu coparcenary governed by the Mitakshara
School of Hindu Law and were in collective ... Schedule „A‟ hereunder are
joint family properties and/or the coparcenary
properties of the Plaintiffs and the Defendants.
b) For declaration that the deed
land having been
purchased by them would not be the coparcenary property. In its
totality, the judgment impugned does not attract interference.
17. Altogether four ... ancestor and includes their wives and unmarried daughters.
Article 211 signifies Hindu coparcenary and for that, the only
criteria has been laid down as those
well
settled that a Hindu coparcener cannot gift his undivided
coparcenary interest.
Next, he submitted that a gift by a coparcener of his
undivided interest ... coparcenary is void. It has been
contended that a manager cannot gift even his interest to
any member of the family or to a stranger
submitted that to
ascertain the interest of late Jamuna Prasad in the coparcenary
property, the notional partition was to be effected just before his
death ... held that interest of Jamuna
Prasad in the coparcenary property has to devolve in accordance
with Section 6 of the Act of 1956. He contended
well
settled that a Hindu coparcener cannot gift his undivided
coparcenary interest.
Next, he submitted that a gift by a coparcener of his
undivided interest ... coparcenary is void. It has been
contended that a manager cannot gift even his interest to
any member of the family or to a stranger
well
settled that a Hindu coparcener cannot gift his undivided
coparcenary interest.
Next, he submitted that a gift by a coparcener of his
undivided interest ... coparcenary is void. It has been
contended that a manager cannot gift even his interest to
any member of the family or to a stranger
