#survivorship

A partition suit is not barred by limitation if the plaintiff was unaware of his exclusion from joint family property, the Bombay HC held, stressing that knowledge of exclusion is essential for a limitation defence.

The Himachal Pradesh High Court held that coparcenary property devolves by survivorship when surviving coparceners exist, rejecting succession under Mulla's Para 43. The court also affirmed that a compromise decree entered with a guardian's consent binds minor coparceners.