The judgement clarifies that a daughter, as a coparcener, may seek a share in joint family property, but must substantiate claims with sufficient evidence of coparcenary status and joint family existence.

JUDGMENT :

MILIND N. JADHAV, J.

1. Heard Mr. Setalvad, learned Senior Advocate for Plaintiff; Mr. Khambata, learned Senior Advocate for Defendant No.1; Mr. Saraf, learned Senior Advocate for Defendant No.2; Mr. Tamboly, learned Advocate for Defendant Nos.3 and 4; Mr. Mehta learned, Advocate for Defendant No.5; Mr. Nankani, learned Senior Advocate for Defendant Nos.7 to 10; Mr. Momaya, learned Advocate for Defendant Nos.11 to 15, 17 to 19, 22, 24 and 25; Mr. Bharucha, learned Advocate for Defendant Nos.27 to 30; Mr. Naphade, learned Advocate for Defendant Nos.31 and 32 and Mr. Kakalia, learned Advocate for Defendant Nos.33 and 34 at length.

2. Pleadings in Notice of Motion No.1211 of 2014 seeking interim reliefs are completed upto Sur-Rejoinder stage.

3. Notice of Motion is heard and determined finally by this order.

4. Notice of Motion seeks interim reliefs as follows:-

“a. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to restrain Defendants and in particular Defendant Nos. 1 and 2 from excluding /obstructing the Plaintiff from exercising and protecting her rights including in the joint management and control of the properties, assets and businesses of the Gopal Raheja including those held by and through the instrumentality of the Defendant Nos. 7 to 19 and 21 to 23 and 27 to 32 and interest in 20 and 24 to 26 Companies and Entities;

b. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to appoint an Administrator for the management and control of the properties, assets and running of the businesses of the Gopal Raheja Group including those held by and through the instrumentality of the Defendant Nos. 7 to 19 and 21 to 23 and 27 to 32 and interest in 20 and 24 to 26 Companies and Entities till such time that the partition is implemented;

c. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to pass an order of injunction restraining the Defendants by themselves or through their servants, agents, officers or employees from in any manner selling, transferring and/or creating any encumbrance or third party rights in respect of any of the properties, assets and businesses of the Gopal Raheja Group including those held by and through the instrumentality of the Defendant Nos. 7 to 19 and 21 to 23 and 27 to 32 and interest in 20 and 24 to 26;

d. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to pass an order of injunction restraining the Defendants by themselves or through their servants, agents, officers or employees from in any manner altering, selling, transferring and/or creating any encumbrance or third party rights in respect of any of the shares of the Defendant Nos. 7 to 19 and 21 to 23 and 27 to 32 and in 20 and 24 to 26;

e. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to direct Defendants and in particular Defendant Nos. 1 and 2 to disclose on oath details and status of all the properties, assets and businesses of the Gopal Raheja Group;

f. That pending the hearing and final disposal of the present Suit, this Hon'ble Court be pleased to stay all the acts, deeds and things unilaterally done taken by Defendants and in particular Defendant Nos. 1 and 2 in and from December 2011 including the illegalities set out in Exhibit "AAA" post the d