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TMI Blog1997 (4) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... re in the property, it does not apply to a case where a class of family members are entitled under section 8(1)(d) since it stands on altogether a different footing and, therefore, partition is not a condition precedent for claiming a share by a class of family members enumerated in section 8(1)(a) of the Act. But that principle has no bearing on the facts in this case for the reason that the property held was not received by survivorship. Under these circumstances, the family members enumerated under section 8(1)(d) are not entitled to a share in the estate left by the deceased. Thus we do not find any illegality in the view taken by the High Court warranting interference. X X X X Extracts X X X X X X X X Extracts X X X X ..... the estate left by Manjunatha Gowda was obtained by survivorship applying section 8(1)(d) of the Act ? Section 8 reads as under : " 1(a) At a partition of joint family property between a person and his son or sons, his mother, his unmarried daughters and the widows and unmarried daughters of his predeceased undivided sons and brothers who have left no male issue shall be entitled to a share with them. (b) At a partition of joint family property among brothers, their mother, their unmarried sisters and widows and unmarried daughters of their predeceased undivided brothers who have left no male issue shall be entitled to share with them. (c) Sub-sections (a) and (b) shall also apply mutatis mutandis to a partition among other coparcene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amily which is the normal condition of Hindu society is ordinarily joint not only in estate but in food and worship ; therefore, not only the concerns of the joint family, but whatever relates to their commensality and their religious duties and observances are regulated by the members or by the manager to whom they have, expressly or by implication, delegated the task of regulation. The joint family status being the result of birth, possession of joint properties is only an adjunct of the joint family and is not necessary for its constitution. Nor is it necessary that all the members possess rights or status even though the property of the family is called joint family property. On the other hand, a coparcenary is a narrower body than a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another by succession. One who has been appointed or elected to hold an office after the term of the present incumbent. The term with reference to corporations, generally means another corporation which, through amalgamation, consolidation, or other legal succession, becomes invested with rights and assumes burdens of first corporation." The word "survive" has been defined in the above-said dictionary thus: "To continue to live or exist beyond the life, or existence of; to live through in spite of; live on after passing through; to remain alive exist in force or operation beyond any period or event specified." The word "survivorship" has been defined in the same dictionary thus: "The living of one of two or more persons after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... property. Here, we are concerned with Manjunatha Gowda who had obtained property at a partition with coparceners. Survivorship, therefore, is the living of one of two or more persons after the death of the others having interest to succeed in the property by succession. The shares in the coparcenary property change with death or birth of other coparceners. However, in the case of survivorship it is not of the same incidence. He received the property at the partition without there being any other coparcener. It is an individual property and, therefore, he did not receive it by survivorship but by virtue of his status being a coparcener of the Hindu joint family along with his father and with brothers. Under these circumstances, the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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