Impartible estate succession depends on clear renunciation of survivorship rights; separate residence alone does not sever joint family character.

An impartible estate that was originally joint family property remains subject to survivorship unless junior members clearly renounce their chance of succession and impress it with separate property character. Prior supersession of one line does not by itself prove such renunciation. Separate residence, separate , or dealings with other family property are insufficient unless they show a clear intention to abandon succession rights. On the facts discussed, no effective surrender or separation of status was proved, so the joint family character for succession continued and title by survivorship was upheld.

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Issues: (i) Whether the impartible estate had become the separate and absolute property of the junior branch so that the last holder's line could succeed otherwise than by survivorship; (ii) Whether there had been a separation of status between the family branches or within the defendant's branch sufficient to terminate the joint family character of the estate.

Issue (i): Whether the impartible estate had become the separate and absolute property of the junior branch so that the last holder's line could succeed otherwise than by survivorship.

Analysis: An impartible estate which was once joint family property remains so for succession unless the evidence shows a clear intention by the junior members to renounce or surrender their chance of succession and to impress the estate with the character of separate property. The prior supersession of the senior line, standing by itself, did not establish such a renunciation. The evidence relied on to show separate ownership did not disclose any effective surrender of succession rights.

Conclusion: The estate had not become the separate and absolute property of the junior branch.

Issue (ii): Whether there had been a separation of status between the family branches or within the defendant's branch sufficient to terminate the joint family character of the estate.

Analysis: Separate residence, separate food, dealings with partible property, and similar conduct were held to be insufficient to prove severance of the joint family relation in relation to an impartible estate. Such facts did not amount to a clear expression of an intention to abandon succession rights, and the material relied upon was too slight and inconclusive to prove partition or separation of status.

Conclusion: No separation of status was proved, and the joint family character for succession remained unaltered.

Final Conclusion: The appeal failed, and the respondent's title by survivorship was upheld.

Ratio Decidendi: To establish that an impartible estate has ceased to be joint family property for succession, there must be clear proof of an intention by the junior members to renounce their chance of succession; mere separate residence or partition of other family property is not enough.

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