AIR 1969 SUPREME COURT 1330

Supreme Court Of India

(From: Punjab)*

Hon'ble Judge(s): J. C. Shah, V. Ramaswami, A. N. Grover , JJJ

(A) Hindu Law - Joint Hindu family -Coparcenership - Incidents - Joint Hindu family under Hindu law is not an individual but a body of individuals contemplated by Notification dated 15-2-52 issued by Government of Pakistan under S. 45 of Pakistan (Administration of Evacuee Property) Ordinance. Pakistan (Administration of Evacuee Property) Ordinance (15 of 1949) , S.45— A coparcenery under the Mitakshara School is a creature of law and cannot arise by act of parties except in so far that on adoption the adopted son becomes a coparcener with his adoptive father as regards ancestral properties of latter. The incidents of co-parcenership under the Mitakshara law are: first, the lineal male descendants of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person, secondly, that such descendants can at any time work out their rights by asking for partition, thirdly, that till partition, each member has got ownership extending over the entire property, conjointly with the rest; fourthly, that as a result of such co-ownership the possession and enjoyment of the properties is common; fifthly, that no alienation of the property is possible unless it be for necessity, without the, concurrence of the coparceners, and sixthly, that the interest of a deceased member lapses on his death to the survivors. (1902) ILR 25 Mad 14....