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    <title>1991 (9) TMI 374 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=462739</link>
    <description>Property allotted to a Hindu on partition of joint family property is his separate property under the Hindu Succession Act, so his children do not acquire a birthright in it merely because it came from partition. The statutory scheme in Sections 4, 6, 8 and 30 displaces the earlier Mitakshara rule to the extent preserved by the Act. A suit for partition based on a claimed joint family character of such property was therefore not maintainable. The civil suit was also not barred by the Co-operative Societies Act, because a partition claim of this nature does not fall within the statutory dispute categories for which that Act provides a remedy.</description>
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    <pubDate>Thu, 19 Sep 1991 00:00:00 +0530</pubDate>
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      <title>1991 (9) TMI 374 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=462739</link>
      <description>Property allotted to a Hindu on partition of joint family property is his separate property under the Hindu Succession Act, so his children do not acquire a birthright in it merely because it came from partition. The statutory scheme in Sections 4, 6, 8 and 30 displaces the earlier Mitakshara rule to the extent preserved by the Act. A suit for partition based on a claimed joint family character of such property was therefore not maintainable. The civil suit was also not barred by the Co-operative Societies Act, because a partition claim of this nature does not fall within the statutory dispute categories for which that Act provides a remedy.</description>
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      <pubDate>Thu, 19 Sep 1991 00:00:00 +0530</pubDate>
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