In Mitakshara coparcenary, there is unobstructed heritage, i.e., apratibandha daya and obstructed heritage i.e., sapratibandha daya. When right is created by birth is called unobstructed heritage. At the same time,…
The essential feature is aggregate ownership, i.e., ‘Samudavika Swatwa’ in coparcenary and the share keeps on fluctuating, was observed in Commissioner of Income Tax, Poona v. H.H. Raja of Bhor,…
Coparcenary property is the one which is inherited by a Hindu from his father, grandfather, or great grandfather. Property inherited from others is held in his rights and cannot be…
In Bhagwan Dayal (since deceased) & Anr. v. Mst. Reoti Devi, AIR 1962 Supreme Court 287, it was held that coparcenary is a creature of law and branch of the…
Essential characteristics of coparcenary, were analysed in Controller of Estate Duty, Madras v. Alladi Kuppuswamy, (1977) 3 SCC 385, thus: “8. . “Thus analysing the ratio of the aforesaid case…
A joint Hindu family is a larger body than a Hindu coparcenary. A joint Hindu family consists of all persons lineally descended from a common ancestor and include their wives…
A cross-appeal is the exercise of substantive right of appeal and only the procedure varies. Order XLIII of Rule 1-A (2) of the CPC. The same reads as under: “1A.…
The article is an excerpt of below mentioned case. The new Section 6 of the act provides for parity of rights in the coparcenary property among male and female members…
The pre-amended Section 6 of the Principal Act (Hindu Succession Act, 1956) reads as under: “Section 6:- Devolution of interest in coparcenary property – when a male Hindu dies after…
In its 174th Report (May 2000), the Law Commission of India was of the view that the gender reforms were called for to ensure equality. The Commission noted the fact…
