https://www.taxtmi.com/caselaws?id=462740 Ancestral property shown by the partition deed carries coparcenary character, and children born before partition acquire an interest by birth; omission of some coparceners from the deed does not extinguish that right. A precedent relied on below was distinguishable on its facts and could not be treated as defeating the birthright in the present setting. The challenge to the second defendant's claim to a share depended on unresolved factual questions about marriage and on additional documents produced in appeal, so that aspect required fresh examination by the lower appellate court. The decree was set aside and the matter remitted for limited fresh disposal, while the appellants succeeded on the principal property issue. en-us Thu, 20 Oct 2016 00:00:00 +0530 Fri, 11 Jul 2025 18:34:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462740 Ancestral property shown by the partition deed carries coparcenary character, and children born before partition acquire an interest by birth; omission of some coparceners from the deed does not extinguish that right. A precedent relied on below was distinguishable on its facts and could not be treated as defeating the birthright in the present setting. The challenge to the second defendant's claim to a share depended on unresolved factual questions about marriage and on additional documents produced in appeal, so that aspect required fresh examination by the lower appellate court. The decree was set aside and the matter remitted for limited fresh disposal, while the appellants succeeded on the principal property issue. Case-Laws Indian Laws Thu, 20 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462740