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Right by birth only in respect of ancestral property in the hands of father

In Kali Ammal Vs. Valliyammal, the Hon'ble Kerala High Court, while referring to the judgment of the Hon'ble Supreme Court in Uttam v. Saubhag Singh and others, (2016), held that a person could have claimed a right by birth only in respect of ancestral property in the hands of his father and the right claimable was only per stripes – No coparcener could have ever claimed a right by birth over the entire joint family properties on per capita basis. The Hon'ble court also explained that :-
Rights of coparceners can be enlisted as follows:
(1) Right by birth
(2) Right by survivorship
(3) Right to partition
(4) Right to joint possession and enjoyment
(5) Right of alienation
(6) Right to make selfacquisitions
(7) Right to restrain unauthorised acts
(8) Right to accounts

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