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Rights and Duties of Coparceners
Rights and Duties of Coparceners
2. Share of Income:
A member of a joint family cannot, at any given moment, predicate what his share in the
joint family property is. Such a share becomes defined only when a partition takes place.
The reason is that his share is a fluctuating one, which is liable to be increased by deaths,
and diminished by births, in the family. It follows from this that no member is also entitled
to any definite share of the income of the property.
According to the principles governing a Hindu undivided family, the whole income of the
joint family property must be brought to the common purse of the family, and then dealt
with as per the rights of the members to enjoy such property.
In one case, A and В were members of a joint family. A prevented В from using a door
which was the only means of access to the rooms which were in B’s occupation. It was
held that, in the circumstances, the Court could, by injunction, restrain A from disturbing
В in the use of the door. (Anani v. Gopal, 1895, 19 Bom. 269)
In another case, A and В were members of a joint family, which owned a shop in Poona.
A prevented В from entering the shop, inspecting the account books, and taking part in
the general management of the shop. В sued A for an injunction, restraining A from
excluding В from the joint possession and management of the shop, and the Bombay High
Court held that В was entitled to succeed. (Ganpat v. Annaji, 1899 23 Bom. 144)
In one leading case (Appaji v. Ramchandra, 16 Bom. 29), the Bombay High Court held
that there is one important exception to the above rule, namely, that where the father is
joint with his own father or other collateral members, a son cannot enforce a partition
against the will of the father. This exception is also recognised in the State of Punjab also,
but not in other parts of India.
8. Right to account:
A coparcener has no right to ask for accounts from the manager as regards his dealing
with the coparcenary property and the income thereof, unless of course, such coparcener
is suing for a partition, in which case, he would have such a right.
9. Right of alienation:
No coparcener can dispose of his undivided interest in coparcenary property by gift. Nor
can he alienate such interest for value, except in the State of Tamil Nadu, Madhya Pradesh,
Maharashtra and Gujarat. An unauthorised alienation is not however, absolutely void; it
is merely voidable at the option of the other coparceners.
However, it is open to a creditor, who has obtained a decree against the coparcener
personally, to attach and sell his undivided interest, and if this is done, the purchaser can
have his interest separated by a suit for partition.