effect:-
"As regards property held by a son as the sole surviving
coparcener in the natural family, there was, as stated
earlier, a difference ... coparcenary
property held along with other coparcener or
coparceners) including property held by him as the sole
surviving coparcener would not be divested on adoption
property was inherited by
Rachan Singh, as the last male holder/sole surviving coparcener, he
enjoyed the same power of disposition of the inherited property ... dispose it of at his will. The last male
holder/sole surviving co-parcener enjoys the same
powers of disposition of the inherited property
however, has
no such power (S 258), unless he is the sole surviving
coparcener (S 257)."
Thus the copacener under Mitakshara ... executed. As such Mallappa was not the sole surviving coparcener.
This court had an occasion to deal with similar question in the case of
Tatoba
three sons, Pandari happened to be the last sole surviving coparcener, who executed the 'Will' in favour of D6. At this juncture ... Nineteenth Edition in page No.367 as under:
"A sole surviving coparcener could, however, bequeath the joint family property
joint family merely because the family is represented by a single
coparcener who possesses rights which an absolute owner of property
may possess. The property ... does not bar the adopted child from
divesting the sole surviving coparcener of the joint property and
from claiming a share therein.
22. Based
partition by metes and bounds in a case where
partition was amongst coparceners is concerned, learned counsel for the appellants
has relied upon Articles ... family, income of separate property, share on partition, property held by sole
surviving coparcener, separate earnings and gains of learning.
21. The Supreme Court
coparcenary
properties in the hands of Shivarudr
appa. He was the sole surviving
coparcener. Parvati Bai, his sister
was not a coparcener. In those
circumstances
Shamgonda Raygonda Patil ) and has argued that the property already vested as
Coparcener cannot be divested and accordingly the appellant / plaintiff had right over ... inheritance
or by partition in the natural family or as sole surviving Coparcener can only be said
to be vested in him and can pass
PEVRTYVVaA:_lfl.El;D_:?"'BX' A SOLE SURVIVING
coeARce'i'veR..I HI.ixip{_J" ,§.'IuccEssIoAi ... property
'"when it passes into the hands of a sole surviving
coparcener. So the chiidren born of a void -- Marriage
£/
15
pleadings
family continues
to be jointgandVhence:l*ie~'Cllbeing the sole surviving coparcener
to Athevproperties. He contends that the Will as
' the defendants
