[Coparcenary – Incidents] Coparcenary under Mitakshara comprises propositus and three lineal male descendants; rights include acquisition by birth, demand for partition, collective ownership, joint enjoyment, restrictions on alienation, and survivorship. (Paras 27–28) [

advocatemmmohan

Delihi High Court

[Order VII Rule 11 CPC – Scope] Rejection of plaint is a substantive action, exercised strictly within the confines of Order VII Rule 11 CPC; plaint must be read as a whole and not rejected on selective averments. (Paras 20–23)

[Cause of Action Requirement] A plaint discloses cause of action if averments, taken as correct in entirety, would entitle plaintiff to relief; clever drafting to create illusion of cause of action is impermissible. (Paras 21–23)

[Joint Hindu Family – Presumption] Joint Hindu family under Mitakshara law is presumed to continue until severance of status is clearly established; mere divergence in residence or rituals does not disrupt jointness. (Para 25)

[Coparcenary – Incidents] Coparcenary under Mitakshara comprises propositus and three lineal male descendants; rights include acquisition by birth, demand for partition, collective ownership, joint enjoyment, restrictions on alienation, and survivorship. (Paras 27–28)

[Daughter’s Rights Pre‑2005] Under Hindu Succession Act, 1956, daughters were Class‑I heirs but not coparceners; they inherited only on father’s intestate death. (Para 29)

[2005 Amendment – Gender Equality] Section 6 amended to confer coparcenary rights on daughters by birth, equal to sons; they can demand partition and dispose of their share independently. (Para 31)

[Supreme Court Precedent – Vineeta Sharma] Daughters’ coparcenary rights are by birth, not contingent on father’s survival at amendment; amendment applies retroactively to recognize rights. (Paras 32–33)

[Testamentary Instruments – Challenge] Plaintiff’s challenge to validity of wills and testamentary documents raises triable issues; allegations of forgery and non‑compliance with statutory requirements cannot be decided at threshold. (Para 16)

[Partition Suits – Liberal Reading] In suits for partition and declaration, pleadings must be construed liberally; complete particulars may lie within exclusive knowledge of defendants. (Paras 17–18)

[Principle of Equality] Post‑2005 amendment, daughters are entitled to equal share in coparcenary property, in parity with male coparceners. (Paras 31–33