Important Point: As much as a natural born son, even an adoptive son gets a right into the coparcenery property by virtue of his adoption.

Heard learned Counsel for the parties.

2. This second appeal was admitted on a substantial question of law relating to the character of joint family property in the hands of a sole surviving coparcener and the legal effect of adoption by such sole surviving coparcener.

3. The Appellant is the original Defendant No.2 in a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs). The suit was for partition and separate possession of the property described in the plaint, being agricultural land Gat No.157 situated in Village Kognoli, Taluka Kavathe Mahankal, District Sangli and Gat No.22 situated in Village Sarati, Talukar Kavathe Mahankal, District Sangli together with a house (“the suit property”). The Appellant claimed this property through a sale deed executed in his favour by Respondent No.4 (original Defendant No.1). Respondent No.4 is the father of Respondent Nos.1 and 2 herein and the husband of Respondent No.3. It was the case of Respondent No.1 to 3 before the Trial Court that the suit property was a joint family property of Respondent Nos.1 to 4; that the sale deed executed by Respondent No.4 in favour of the Appellant was not binding on Respondent Nos.1 to 3; and that Respondent Nos. 1 to 3 were entitled to their separate shares on partition of the suit property. The suit was contested by the Appellant on the ground that he had purchased the suit property from Respondent No.4 as a bona-fide purchaser for value without notice. The Trial Court decreed the suit for partition. By concurrent findings of the facts, the First Appellate Court, i.e. the Court of 2nd Additional District Judge, Sangli, confirmed the judgment and decree of the Trial Court.

4. The controversy in the present matter pertains to the nature and character of the suit property whether it is to be treated as self acquired property of Respondent No.4, Sidhu Rajaram Masal (“Sidhu”), or whether it is a joint family property of Respondent Nos.1 to 4 which includes the Plaintiffs and Sidhu. If the property is a joint family property, then the second question is whether the sale by Sidhu in favour of the Appellant was valid and binding on the other coparceners, namely, Respondent Nos.1 and 2. Then, there is a third question, namely, whether or not the Appellant is a bona-fide purchaser of the suit property for value without notice. Both the Courts below found against the Appellant on all these questions.

5. Learned Counsel for the Appellant submits that Sidhu was the adoptive son of one Rajaram. Rajaram, on his part, was a sole surviving coparcener of a joint Hindu family at the time of the adoption of Sidhu and accordingly, the property in the hands of Rajaram would devolve upon Sidhu, the adoptive son, by way of succession and not by way of survivorship as in the case of a Hindu caparcenery. In other words, the submission is that the property coming to the hands of a sole surviving coparcener is no longer a joint family property, but should be treated on par with self acquired property of the sole surviving coparcener. There is no principle of Hindu Mitakshara Law, by which the parties are admittedly governed in the present case, that joint family property going into the hands of a sole surviving member of a coparcenery looses its character as a joint family property. It is only if the deceased was at the time of his death a sole surviving coparcener that the whole of his property including the coparcenery property would pass to his heirs by succession. In other words, the sole survivorship of the coparcener must subsist at the date of his death, when the succession opens for it to devolve upon his heirs by succession. A necessary corollary is that if a son is born to the sole surviving coparcener during his lifetime, the son will get a right in the property by birth. In such case, there is no question of the property or the share of the original sole surviving coparcener going by succession. As much as a natural born son, even an adopti