Surjit Lal Chhabda v Commissioner of Income Tax: 1976

(Indian Supreme Court) The court defined the idea of coparceny: ‘A Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenary property and these are the sons, grandsons and great-grandsons of the holder of the joint property for the time being, that is to say the three generations next to the holder in unbroken male descent. Since under the Mitakshara Law, the right to joint family property by birth is vested in the male issue only, females . . cannot be coparceners…’

Citations:

[1976] AIR 109

Jurisdiction:

England and Wales

Cited by:

CitedSingh v Singh and Another ChD 8-Apr-2014
The parties disputed ownership of various valuable properties. The father asserted that they were held under trusts following the Mitakshara Hindu code, under a common intention constructive trust. The son said that properties held in his own name . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 17 June 2022; Ref: scu.523688