ISSUE:
After the passing away of the grandfather , did the joint family property retain its joint family status?
Whether the appellant is a coparcener with a title to the challenged property by birth?
Whether the Class 1 heir's father, the appellant, had the right to bring a partition action while he was still alive?
RULE:
Through terms of Section 6, if a Hindu man who owns an interest in a Mitakshara coparcenary property passes away after the implementation oh Hindu Succession Act, 1956, his stake in the property is passed on to the coparcenary's surviving members by survivorship.
A male Hindu's stake in Mitakshara coparcenary property is clearly confined to that which he can dispose of through the execution of a will or any other type of testamentary disposition, as is made clear by the exclusion in the Act's explanation of Section 30.