Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,— (a) by birth become a coparcener in her own right ... that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener
appeal before
the High Court with the grievance that the plaintiff became
coparcener under the Amendment Act 39 of 2005 and was
entitled to inherit ... created in terms of the amended provision also
becomes a coparcener and has a right in joint
family property by birth. They are also sharer
contrary is proved, but where it is
admitted that one of the coparceners did
separate himself from the other members of the
joint family ... there is no
presumption that the rest of the coparceners
continued to be joint. There is no
presumption on the other side too that because
suit
primarily on the ground that the Appellant was not a coparcener under
Section 6 of the Hindu Succession Act, 1956 (hereinafter ... September 2005 and a daughter was not to be treated as a coparcener prior
20th December, 2004. The Defendant relies on Phulavati (Supra
Amendment Act, 2005 and in case the father who was
a coparcener in the joint Hindu family, was not alive when ... came into force, whether daughter would become a coparcener of
joint Hindu family property.
4. In the matter of Sistia Sarada Devi v. Uppaluri Hari
application of this
principle when the adoption was made to a deceased
coparcener raised questions of some difficulty. If a joint
family consisted ... father was a member subsisted, and that when the
last of the coparceners died and the properties thereafter
devolved
creates a fiction by
providing that the interest of a Hindu Mitakshara coparcener
shall be deemed to be, the share in the property that would ... ascertain the share of heirs in the
property of a deceased coparcener it is necessary in the
very nature of things, and as they Very
footing that the suit property was ancestral property,
and that, being a coparcener, he had a right by birth in the said property
in accordance ... partition
while his father was still alive, inasmuch as, being a coparcener and
having a right of partition in the joint family property, which continued
Hindu female as a limited owner. That rule postulates a
coparcener deliberately and intentionally throwing his
independently acquired property into the joint family stock ... that what is being discussed is the acquisition of
property by a coparcener with the use of the family stock;
in other words, taking
father or other male ascendant in the male line was not a coparcener of the same family at the time of his death. Explanation. - Where
