AI Overview...
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Shares of Joint Family Members - The shares of each member in a joint family property are indefinite and depend on family dynamics, legal provisions, and specific cases. Ownership and possession are typically shared among members, but the exact shares can vary based on circumstances such as succession, settlement deeds, or court orders. Disputes often involve claims over distribution, especially after the death of a member or when altering family arrangements. BHAKTILATA MISRA VS MANGULI DEI - Orissa, Sharangouda, S/o. Chandramappa Kalagi vs Nagamma, W/o. Kareppa Benkotagi, D/o. Late Sidramappa Biredar - Karnataka, RAMACHANDRA REDDY (DEAD) THR. LRS. vs RAMULU AMMAL (DEAD) THR. LRS. - Supreme Court, Tikaram Baiswade S/o Late Mathura Prasad VS Sangeeta Baiswade W/o Late Neeraj Baiswade - Chhattisgarh, SURESHGOUDA S/O. MANOHARGOUDA PATIL vs MOHANKUMAR B SHELAR - Karnataka, S. N. Papa Reddy, S/o. Late Nyatha Reddy VS Narayan Reddy, S/o. Shamanna Reddy - Karnataka, KUTUBULDIN VS GULAM RABBANI - Nagpur, P. N. Krishna Iyer VS Commissioner Of Income-tax, Kerala - Supreme Court, CHANDRA KANTA AGARWALLA VS COMMISSIONER OF INCOME-TAX - Calcutta, HARICHANDRA NARAYAN DHAWADE vs SAKHARCHAND NARAYAN DHAWADE - Bombay
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Legal and Procedural Aspects - Courts emphasize the importance of proper determination and re-allocation of shares following amendments, family settlements, or legal disputes. The shares are subject to legal provisions such as the Hindu Succession Act and specific court rulings, which may modify existing shares to ensure equitable distribution among heirs, including daughters and other successors. In cases of disputes, courts often re-work shares based on evidence, family agreements, or legal principles. Sharangouda, S/o. Chandramappa Kalagi vs Nagamma, W/o. Kareppa Benkotagi, D/o. Late Sidramappa Biredar - Karnataka, S. N. Papa Reddy, S/o. Late Nyatha Reddy VS Narayan Reddy, S/o. Shamanna Reddy - Karnataka, SURESHGOUDA S/O. MANOHARGOUDA PATIL vs MOHANKUMAR B SHELAR - Karnataka, HARICHANDRA NARAYAN DHAWADE vs SAKHARCHAND NARAYAN DHAWADE - Bombay
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Female Members and Share Rights - Female members of a Hindu joint family can establish claims to shares in ancestral property, but their rights depend on their status as coparceners or members. Courts have held that non-coparcener female members may not automatically have rights to throw shares into the coparcenary or claim equal shares unless specific legal provisions or family arrangements apply. CHANDRA KANTA AGARWALLA VS COMMISSIONER OF INCOME-TAX - Calcutta
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Disputes and Partition - Disputes often involve claims for specific shares, partial partitions, or settlement deeds. Courts have recognized the need to consider all family properties and necessary parties to avoid defective suits. Partial partitions and family settlements are sometimes accepted if they reflect the family's actual arrangements. HARICHANDRA NARAYAN DHAWADE vs SAKHARCHAND NARAYAN DHAWADE - Bombay, KUTUBULDIN VS GULAM RABBANI - Nagpur, RAMACHANDRA REDDY (DEAD) THR. LRS. vs RAMULU AMMAL (DEAD) THR. LRS. - Supreme Court
Analysis and Conclusion:
Shares by a joint family member are not fixed and depend on various factors including legal statutes, family agreements, and court rulings. The determination of shares involves assessing family relationships, legal rights (especially of female members), and the specifics of property settlements or disputes. Courts aim for equitable distribution, often reworking shares to reflect current family structures and legal amendments. Proper inclusion of all parties and properties is crucial in partition suits to ensure fair and valid adjudication.
Search Results for "Shares by a Joint Family Member"
1989 0 Supreme(Ori) 350 • India - Orissa
L.RATH
The shares of each member of the joint family are indefinite and each parcel of the property is owned and possessed by each member ... of a personal decree against one of the members of a joint family. ... respect of a personal decree against one of the members of the joint family. ... The objection is well taken since in a joint family property the sh....
2025 Supreme(Online)(Kar) 21097 • India - IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
following the death of a joint family member. ... ... ... Issues: The main issues revolved around the allocation of shares following the death of a joint family member and the procedural ... family member alters the distribution of shares, necessitating a modified final decree reflecting current family dynamics. ... It is well settled that the share of the members#HL_....
2024 Supreme(Online)(SC) 11736 • India - Supreme Court of India
HON'BLE MR. JUSTICE C.T. RAVIKUMAR, HON'BLE MR. JUSTICE SANJAY KAROL
among heirs of a deceased joint family member, with conflicting claims over a settlement deed executed in 1963. ... (Paras 16.1, 16.2) ... ... Facts of the case: ... The dispute involved a family settlement regarding property shares ... member as a gift deed instead of a settlement deed, disregarding the familial context and the consideration of care provided by ... They enjoyed the property in question as coparceners to Hindu joint family propert....
2017 0 Supreme(Chh) 755 • India - Chhattisgarh
PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
of each of member of joint family is yet to be determined - Held, In view of above settled legal position and for fact that the ... Shri Agrawal would submit that in a case under Section 19 of Act, 1956 ordinarily interim maintenance is not provided because the shares ... Adoptions and Maintenance Act, 1956 - Section 19 - Maintenance of widowed daughter-in-law - Coparcenary property - Jointly owned family ... Shri Agrawal would submit that in a case under Section 19 of the Act, 1956 ordinarily interim m....
2025 Supreme(Online)(Kar) 29949 • India - Karnataka High Court
E.S.INDIRESH, J
These appeals are arising out of the judgment and decree dated 11.09.2013 in R.A.No.66/2010, 67/2010, 68/2010 and 72/2010 on the file of the District Judge Haveri allowing the appeal in R.A.No.68/2010 and dismissing the appeal in R.A.No.66/2010, R.A.No.67/2010 and R.A.No.72/2010 by modifying the shares ... despite the fact that the plaintiff in O.S.No.120/1999 has sought for lesser share in the suit schedule properties i.e. 7/36th share in the suit schedule properties and therefore, the Trial Court and the First Appellate Court ought to h....
2022 0 Supreme(Kar) 1408 • India - Karnataka
M. G. UMA
The court held that the shares of each member of the joint family needed to be re-worked out in light of the amendment, granting ... allotted to grant equal shares to the daughters and sons of the joint family. ... family. ... Therefore, I am of the opinion that the shares of each of the member of the joint family is to be re-worked out. The plaintiff and defendant Nos.2, 5, 6, 7....
1925 0 Supreme(Nagpur) 40 • India - Nagpur
HALLIFAX, KOTVAL
R. 5, entitlement to shares in the Yomia allowance, joint ownership of Khalsa lands, and the share of each family member in partible ... The court was tasked with defining the shares of each family member in the divisible property. ... of Khalsa lands, and the share of each member of the family in partible property. ... Badiuldin and Ikramuldin joint owners of the Do-ismi lands? ....
1968 0 Supreme(SC) 249 • India - Supreme Court
J.C.SHAH, V.RAMASWAMI, A.N.GROVER
with aid of joint family funds - Shares which were allotted to assessee in lieu of his services were also treated as shares belonging ... Krishna Iyer in status of an individual - Held, Shares which qualified assessee to become a member of the Company were purchased ... between assessee and his brothers about division of estate of joint family of which they were members - Whether Commissioner has ... The shares whi....
1978 0 Supreme(Cal) 249 • India - Calcutta
DEB, SUDHINDRA MOHAN GUHA
Fact of the Case: The assessee, a female member of a Hindu joint family (HUF), transferred shares standing in the names ... CIT, which held that a single male member along with female members could not constitute a Hindu joint family and that a female member ... constitute a Hindu joint family and that the assessee, not being a coparcener, could not throw the shares into the co....
• India - Bombay High Court - Bench at Aurangabad
SMT. VIBHA KANKANWADI, J
member, establishing claim to shares in a joint family property as fundamental. ... sought partition and permanent injunction concerning ancestral properties, leading to decrees entitling him and his siblings to shares ... ... ... Issues: Whether the suit was defective for non-inclusion of all family properties and for non-joinder of necessary parties ... Even the learned First Appellate Court has stated that the partial partition of certain properties is acceptable and, therefore, t....
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