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Problem Details
Title succession of coparcener
Problem By jayshree lamoria
Content

Sohan lal was head of the hindu  joint family consisting of his wife Gayatri devi, two sons  mohan lal  (married ) , sham lal (unmarried )and unmarried daughter kavita .
sohan lal was running joint family business with his sons at nabha (Punjab) by diverting a major portion of the income ,yielded from 200 acres  of ancestral land ,into the business of the family .all members of the joint family were living in an ancestral house.

Mohan lal had 3 sons;namely, sant ram , Ram lal and bant lal and one  daughter geeta devi .

Sohan lal and his wife died in the year 1985 and 1986 respectively. After the death of his father ,Mohan lal became the head of the family. On becoming the head of the family he undertook a large scale diversification of business which was shifted to Patiala . and in order to augment the joint family business, mohan lal sold 10 acres of ancestral  land for rupees 10 crores to the  Punjab and sind bank ,Patiala.he also made a gift of rs. 10 lacs in favour of his un -married daughter geeta devi.

Bant lal the youngest son of mohan lal was sent to England for his higher education at the expenses of the family. After doing Bar-at law , he returned to  india and established a flourishing practice as an advocate .although he was staying in the joint family ,he kept his earnings for himself, which was not liked by his two elder brothers and his sister.

Frustrated and depressed by the behavior of his own sons, mohan lal died of heart attack in 2006.

Realizing the reactionary behavior of her brothers, geeta devi  daughter of mohan lal filed a suit in the year 2007 for declaration of ownership as coparcener and co-sharer in the joint family property wheren she also made a prayer for joint possession of the property  in the dispute that included agricultural land , business assets/ goodwill and ancestral house. She also prayed that income of bat lal advocate be included in the joint property of the family .the alienation made  by mohan lal in favour of punjab and sind nank, Patiala was also challenged.

In this suit she impleaded all her 3 brothers, Punjab and sind bank,Patiala and her uncle sham lal as defendants. in order to establish her claim, geeta devi invoked section 6 of the Hindu succession Act,1956. The defendents pleaded that (i)the alienation in favour of Punjab and sind bank ,Patiala was for legal necessity and benefits of estate and, therefore,valid:

(ii)the amendment made by the Hindu succession (Amendment) Act,2005 was prospective and the alienation under challenge being prior to the amendment was not affected by the change in law and

(iii) the Hindu succession (amendment ) Act ,2005 being wholly against the concept of coparcenary and joint Hindu family property in law is illegal ,non -est and ultra-vires.

 
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