#coparcener rights

Bombay High Court holds that coparceners can challenge a decree for specific performance of ancestral property even before the execution of the sale deed, reinforcing their right to seek partition under the Hindu Succession Act. The ruling clarifies that a partition suit remains maintainable despite a pending decree for specific performance, protecting coparcener interests in joint family property disputes.

Karnataka High Court rules that the limitation period for a partition suit under Article 127 of the Limitation Act commences only when a coparcener's right is clearly denied, not upon the ancestor's death or prior litigation. The court emphasized the need for evidence-based adjudication, distinguishing it from Article 113, and reinforcing the protection of coparcenary rights in joint family property disputes.

Bombay High Court holds that civil courts retain jurisdiction over partition suits by coparceners against secured creditors, and sale in breach of injunction is void.