What is the Position of Coparceners before Partition of a Joint Hindu Family?

The Privy Council pointed out that the family had become divided in 1834 itself and could not be treated as a joint family thereafter. The Privy Council observed: “According to the true notion of an undivided family in Hindu Law, no individual member of the family while it remains undivided, can predicate of the joint and undivided property, that he, that particular member, has a certain definite share”.

The effect of the arrangement of 1834 was to enable each member to claim a definite and certain share although some of the properties had not been actually severed and divided. So it operated as a partition and the joint family had become divided. The plaintiff’s claim was accordingly rejected.

Related Articles

12 Most Important Aspects of Indian Newspaper

It has since expressed satis­faction with the Press Commission’s terms of reference. These cover the ground indicated in the Federation’s Calcutta resolu­tion, except in one or two particulars. 2. Public opinion has for some time been concerned with certain developments in the Indian newspaper world, which have weakened the reader’s faith in what the newspaper […]
Read more

When Delivery of Possession is not Necessary under Muslim Law?

(1) Where Donor and Donee Live Jointly in the Gifted House: Where the gift is of a house in which donor and the donee both reside, any formal delivery of possession is not necessary to complete the gift. The donor, who is owner of the house, may complete the gift without asking the donee first […]
Read more
Search for: