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Death of coparcenary – His property is devolve to other surviving coparcener not heirs-
called Doctrine of Survivorship
Hindu Women Right Property Act 1937- interruption to the doctrine of survivorship
Hindu Succession and Amendment Act 1956 ( AMEND 2005)
Coparcenary within Coparcenary
• one coparcenary death will not make other coparcenary
• Coparcenary self acquired property in his own name will not go to other coparcener, it will
go to his heirs
Saprathibandha Daya and Apratibandha Daya
Daya – heritage or property inherited by a person
Under Mithakshara law- inheritance by male Hindu
• Apratibandha Daya ( unobstructed heritage) – 3 level- cannot alienate as he please
• Saprathibandha Daya ( Obstructed heritage)- all inheritance other than from father level,
mothers father, parental uncle , brother,his sons will not get any interest, can use his
property as his, no restrain right by son
Joint Family and Separate Property - Mithakashara
• Joint family – coparcenary
1. Ancestral
2. Joint Acquisitions
3. Blending Property- throw in to the common stock- toil and moil
• Separate family- self acquired property
1. Saprathibandha Daya
2. Gifted
3. Recovered lost family property
4. Self-acquisition
5. Gains of learning
Gokul Chand v Hukum Chand – Hindu Gains of learning act 1930
England spl training,Indian civil service, privy council said – yes joint
6. Government grants
7. Sole coparcener – only one until son born
8. Income from separate property
Kartha of Mithakshara Joint Family and His Powers
Commissioner of Income Tax v Seth Govind Ram ( GSM Mills)- only mail and coparcener
Gangoji Rao v Channappa – woman not kartha or coparceners no alienation power
Chandrakantha v CTR- karta -> Capital , Members- labour and skill
Powers of Karta
1. Possession and management of family property
2. Right to Representation
3. Power to contract debts- pledge property
4. Power to manage family business
5. Power of alienation of joint family property
i. For the purpose of legal necessity – Basava Raj v Kushal Chand- without legal
necessity its not binding on the family
ii. Benefit of estate-Palaniappa v Deviskmony – privy council
iii. Performance of indispensable religious duties
Ammathayee vs Kumaresan- daughter gift towards his maintenance, valid
Guramma v Mallappa - gift
6. Power to compromise
7. Power to refer to dispute to arbitration
8. Power to acknowledge debt
9. Power to represent in suit
10. Power to discharge
Duties & Liabilities of Kartha
1. Duty to Account
2. Duty to recover debt
3. Duty to save
4. Duty to pay all tax and dues
5. Responsible to perform marriages of family
Dayabhaga Joint Family
Father Absolute owner- can dispose, gift, sell etc
No right for son by birth in ancestral property
Female also coparcener
Doctrine of Pious Obligation
Duty of son to repay the debt of deceased father, only to Non Avyavaharika debt
Avyavaharika – Illegal- Gambling etc
Brij v Mangal Pandey – interest along debt – mortgage – antecedents debts
Hemraj v Khemchand – father promissory note, son liable
Toshanpal v Dr Judge Agra- father withdrawn money from school,son not liable
Prasad v Govind Swami – property paid for antecedents debt, valid
Polyandy – Robini v Sethumadhavan – valid, thiya family
Amendment - Hindu Succession Act 2005 -6(4) – revoked, strikeout
Power of Kartha to alienation of joint family property
Power of Karth – not unlimited
Hanooman Prasad v Musasamat Babooee- legal and estate can alienate
Without consent of other coparceners
1. Legal necessity
a. Payment of govt revenue
b. Payment of debt out of family property
c. Maintenance of coparceners and their daughters
d. Marriage expenses
e. Litigation expenses preserving the estate
f. Litigation expense for defending a member for criminal case
g. Expense for construction of building
h. Expense incurred for funeral and other ceremonies
2. Benefit of estate
a. Sale of unproductive and investing for better piece of property
b. Sale of house whose demolition notice by municipality
c. Mortgage for additional to family house
d. Sale of land for better locality
e. Sale of piece of land located different and to make it to one part
3. Religious duties
Marudayi v Doraisami
Succession to Mitakshara Coparcner’s Interest
Notional partition → Division as per Succession Rule – father property equal division
3. Agnate
4. Cognate
Compact series of Heirs – if No son- test of Yagnavalkaya- putra
W,D,DS,M,F,B,BS,SSS – first four in class I, then three in Class II, last in Agnates after 1956
CHRISTIAN SUCCESSION
Indian Succession act 1925
Rule of Succession Sec 31 to 49
1. Kindred by lineal consanguinity
2. Kindred by collateral consanguinity
Mary Roy v State of Kerala – under art 32- Christian succession act, violation art 14 and
15(1)
Will
Definition of Will sec 2(h)
Guidelines – sec 74 to 111 VI
Privileged Will- Soldier, Army Men
Unprivileged Will- Normal will
Execution and Attestation – Sec 63
Revocation of Privileged Will – Sec 70
1. Bu Subsequent will or codicil
2. By instrument of Revocation
3. By Destruction of Will
4. By Subsequent marriage of Testator
Probate -Executor- Probate of the will – copy and grant permission of deceased- Sec 2(f)
Letter of Administration – if not executed a will or not appoint and executor
Succession Certificate – debt due to deceased