...evident that there is no unity of ownership in Bengal joint family, although there may be something like a unity of possession.(emphasis added...unity of ownership. On the other hand, the essence of a coparcenary under the Dayabhaga law is unity of possession. It is not unity of ownership at all. The ownership of...and D, each son will take one-third, and each one will be the owner of his one-third share. The sons are coparceners in this sense that possession of the property inherited from A is joint. It is the unity ...

...in North Malabar has the same characteristics in two respects, namely, (a) tracing descent through females; and (b) community of interest and unity of possession in respect of the...Mitakshara law of joint family is founded upon agnatic relationship : the undivided family is characterised by community of interest and unity of possession among persons descended from a common ancestor...characteristics in two principal respects(a) descent is traced through females; and , (b) there is community of interest and unity of possession in respect of the family property. But the laws applicable t...

...expressly providing that they were taking as joint tenants. Where joint owners are joint tenants there is unity of title, unity of interest and the right of survivorship in addition to unity ...having any interest whatsoever in the lease:o as to require that notice should go to them.5. Where, however, the joint owners are only tenants in common there is only unity of possession, not...effective to determine the under-lease which, by reason of the surrender of the lease by Ext. A-2 dated 12-3-1945, must, for all intents and purposes, be regarded as a direct lease under the plaintiff...

...) While under the Mitakshara Hindu law there is community of ownership and unity of possession of joint family property with all the members of the coparcenary, in a coparcenary governed by the Da...law, there is no unity of ownership of coparcenary property with the members thereof. Every coparcener takes a defined share in the property and he is the owner of that share. But there is, however, unity ...of a Dayabhaga family, which recognises unity of possession but not community of interest in the family properties amongst its members, the members thereof do constitute a family. That might also be...

...tenants have unity of title, unity of commencement of title, unity of interest, so as in law to have equal shares in the joint estate, unity of possession, as w...right of survivorship." Tenancy-in-common has a different concept. There is unity of possession but no unity of title, i.e. the interests are differently held which mean that none of the ...-holders has title over the entire estate. The title varies. This is also borne out from the observation in the same Book at page 61. There it is stated that "tenants-in-common need have only unity of possession; they...

...1. With respect to unity of title and unity of possession, suit for partition filed by the appellant was held, with consent of parties, not liable to be proceeded any further in as m...entitled to mesne profits in respect of lesser areas given to him and more areas occupied by the defendants.7. Suffice would it be to state that ratio of law is that as long as the unity of title and.... In other words, unless unity of title as also possession is broken, no claim for mesne profits can be laid.8. Needless to state, unity of possession is broken when an immovable pr...

...unity of possession. If that is so, then taking into consideration the length of time during which this right of way has been enjoyed, namely, more than 20 years, I think following the decision of...Fletcher, J.:— This appeal is preferred by the defendant against the decision of the learned District Judge of Birbhum, dated 12th April 1915, decreeing the plaintiff's suit. The plaintiff...sued for declaration of a right of way. The case is one of those which are common in this country, namely, where the plaintiff and the defendant have both a leasehold interest or the interest of a...

...and unity of possession:—No coparcener is entitled to any special interest in the coparcenary property, nor is he entitled to exclusive possession of any part of the property, as observed by their...Viney Mittal, J.:— The plaintiff No. 1 is in appeal.2. The plaintiffs are the sons of defendant-Dalip Singh. They filed a suit for declaration and for joint possession of...property since then sons had no right to claim the possession of such a property or seek a declaration during the life time of the father6. Shri R.N Moudgil, the learned counsel for the...

...to erect a homestead thereon unhampered by any one.3. It is well settled that co-owners have unity of possession, and that all of them have an equal right to be in possession of eve.... Since the matter is res integra and has been specifically left open I venture to say that no distinction can be drawn between possession of a joint-tenant and that of tenant-in-common or co-owner, in so far as the minimum...possession’. According to Freeman on Co-Tenancy and Partition (Second Edition P. 150 Para 86):“The several tenancies are best distinguished from one another by considering the unities of each. Beginning with tenancy ...

....16. In the case of a Hindu joint family, there is a community of interest and unity of possession among all the members of the joint family and every coparcener is ent...of a joint Hindu family other than the watandar, who were entitled to remain in possession and enjoyment of the watan property. The holder of the watan land is entitled to re-grant of the land in...plaintiffs were held to be entitled to partition and separate possession to the extent of their 1/2 share in those properties. We do not find any ground to refer the case to five Judges for decision. In...

...-in-common are such as hold by several and distinct titles, but by unity of possession, because none knoweth his own severalty, and therefore they all occupy promiscuously. This tenancy therefore...happens where there is a unity of possession merely, but perhaps an entire disunion of interest, of title, and of time.”7. I think it is clear that when it is stated that persons h...in common or as tenants in common the reference is to the form of their possession in which there is unity and not to the nature of the titles held in which there may be diversity. Under...

...Law’, seem to me, to govern the issue unmistakably.“235. Right of Coparceners : —(1) Community of interest and unity of possession :— No coparcener is entitled to any...special interest in the coparcenary property, nor is he entitled to exclusive possession of any part of the property. As observed by their Lordships of the Privy Council, “there is community of interest an...possession between all the members of the family.”(2) Share of income :— A member of a joint Mitakshara family cannot predicate at any given moment what his share in the...

...further observed that although the unity of ownership of properties was not present in the case of Dayabhaga families, there was unity of possession in respect of the said proper...1. The valuation date is 31-3-1959, and the corresponding year of assessment is 1959-1960. The material facts are that one Prafulla Chandra Bhar died on 27-4-1956, leaving...behind him, house properties and certain other movable properties. The family of the deceased consisted of six members who are:1. Smt. Nayantra Bhar, mother of the...

.... The essence of a coparcenary under the Mitakshara School of Hindu law is community of interest and unity of possession. A member of joint Hindu family has no definite share in the copar...settlement and recovery of possession of the suit properties by way of partition. But the decree passed by the trial court awarding maintenance to the plaintiff at the rate of Rs 1200 per annum, that is...deprive the other coparceners of their right to the property. The object of this strict rule against alienation by way of gift is to maintain the jointness of ownership and possession of the copar...

...property under the Mitakshara law, the essence of coparcenary is unity of possession, and not unity of title and possession. Under the Dayabhaga law every coparcener takes a defined share...-common and not as joint tenants. Therefore, I am of the opinion that under the Dayabhaga law “partition” means disruption of unity of possession and actual division of property by metes and bound...common possession of the suit land and after their death, their heirs have been in joint possession of the suit lands, but a friction has arisen about the enjoyment and possession of the suit...

...having unity of possession as it appears prima facie on admission.4. From perusal of the order passed by the S.D.M dated 16-9-2003 in Cr. Misc. Case No. 319/03 it is evident that the...apprehension of breach of peace between the parties over the scheduled land except that the situation was tensed.6. Both the parties were unanimous that there was unity of possession over th...parties were in joint possession over the land in dispute. The 2nd party/Opposite Party No. 2 and others of the present petition had not shown their causes but they had claimed exclusive possession...

...claiming half share in the suit property. The court below decreed the plaintiffs-respondent's partition suit recording a finding that there is unity of title and unity of possession between the parties...stated above, the trial court has already recorded a finding that there is unity of title and possession and, therefore, there is no question of issuance of any restrained order. There is no averment in...ORAL ORDERHeard the learned counsel for the appellants on I.A No. 7086 of 2013.It appears that copy of this I.A has not been served on the other side. It...

...respect of the house property income cannot arise.7. The essence of a coparcenary under the Dayabhaga law is unity of possession. It is not unity of ownership at all. Every...a particular share. So long as there is unity of possession, no coparcener can say that a particular share of the property belongs to him; that he can say only after a partition. Partition then..., according to the Dayabhaga law, consists in splitting up joint possession and assigning specific portions of the property to the several coparceners. (See Mulla on Principles of Hindu Law, 14th edition...

....13.2. As considered by P. Ramanatha Aiyar in Major Law Lexicon, the land is held in coparcenary when there is the unity of title, possession and interest. A Hindu coparcenary is a narrower...her husband and the widow so introduced, there arises community of interest and unity of possession. But the widow does not on that account become a coparcener : though invested with the same interest...Mitakshara Hindu law there is community of ownership and unity of possession of joint family property with all the members of the coparcenary, in a coparcenary governed by the Dayabhaga law, there...

...has been given one third and two third. Unity of title and unity of possession is also important point for consideration for a partition as both of them have been shown having share and ...would arise whether there is unity of title and unity of possession.7. The trial court has framed the issue specifically “whether Raghunath Chamar and ancestor of the plaintiffs was...Dukhi Chamar or he was son-in-law of Mewar Chamar but he has not framed an issue with regard to unity of title and unity of possession. The trial court on the basis of entries made in the...