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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

“There is community of interest and unity of possession be­tween all the members of the family” as it was observed by their Lordships of the Privy Council.

(2) No member, while the family continues joint, is entitled to a definite share in the joint property of its income. The share of a member becomes defined only when a partition takes place. But it is competent to the Karta of the family to allot to any individ­ual member a portion of the family property for his maintenance out of its income and saving made by such member will be his separate property.

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(3) Every member has a right to joint possession and enjoy­ment of the family property. Where a coparcener is excluded from joint possession, he is entitled to enforce his right by suit. The Court must pass a decree declaring his right to possession and putting him into joint possession.

Where the fact of the other coparceners amounts to an ouster of the coparcener from his en­joyment, the court may, be injunction restrain the other coparcen­ers from obstructing the plaintiff in the enjoyment of the property.

(4) Every coparcener in an undivided family has a right to be maintained out of the family estate.

(5) A coparcener has no right to do unauthorise act. He can­not enter into the contract the surety ship and his contract is void. He cannot do anything which will materially alter the condition of the property and which would interfere with the joint enjoy­ment. If he does so he can be restrained by injunction.

(6) Every adult coparcener entitled to enforce a partition of the coparcenary property.

(7) No coparcener can dispose of his undivided interest in the property by gift nor can he do so even for value except in Bom­bay and Madras.

(8) Where a coparcener dies before partition, his share in the property devolves by survivorship to the surviving members of the coparcenary.

(9) A coparcener who is a manager or father has special pow­ers of disposition over the property.

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