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narinder pal kaur (PRO)     08 June 2010

ancestral property

what is exacly ancestral property?

kindly give detailed legal defination of ancestral property+examples



Learning

 3 Replies

Suchitra. S (Advocate)     08 June 2010

The Ancestral Property of a Hindu Family as explained by me is based on the Principle of Hindu law followed by the Supreme Court of India well propounded in Hindu Law by Mulla.
Previous to 2005 Amendment in the Hindu Succession Act,1956, 
The Ancestral property also called Copacenary property, wherein all the male members of the Joint Hindu family were called Copaceners, the female members were enjoying the right to maintenance in such Hindu Family but not to share the right in the Hindu Family Property.
Wherever there was division of the Joint Hindu Family property or the Ancestral Property or the Copacenary property, only the male Copaceners were entailed to get share in the property not female members, after the 2005 amendment, the daughters borne in any such Joint Hindu Family will be also entitled to get equal share as the sons, in other words daughters too will be considered Copaneners of the Joint Hindu Family entitled to equal share as the sons the male Copaceners.
The four generation rule for considering a property as Ancestral or Copacenary is not made by me but that exist from time immemorial, well followed by the Indian courts.
The self acquired property of the grand father on his death without leaving a 'Will' devolves to his Class 1 Heir who in this case will be his widow, all his sons & all his daughters, in case any of his son or daughter died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grand daughter of the grand father shall be entiled to get share of her predeceased father only, if the father is alive then she is not entiled to any share.
As far the division of the Ancestral/Copacenar property is concerned that can be sought anytime by any of the Copacener of the Joint Family.
The daughter being one of the Hindu Copacenar can now seek division of the ancestral/copacenary property as any son anytime during her lifetime.
The claim is executable at the time of partition of the ancestral/copacenary property in question, why wait for death of the father who himself is also one of the copacenar entiled to only one share as the daughter.

When the division of any Joint Hindu Family property/Copacenary Property/Ancestral Property take place each share the copacenar get becomes his or her self acquired property & doesn't remain part of the Joint Hindu Family property/Copacenary Property/Ancestral Property.
If this part of the self acquired property remains undivided in his/her family for next four generation including him/her then it acquires the same status that of Joint Hindu Family property/Copacenary Property/Ancestral Property but now here a new Joint Hindu Family takes shape with regard to the said property.
Hope you understand how self acquired property becomes ancestral/copacenary & vice versa in a Hindu Family.

Mohan Singh Verma (Lawyer )     14 June 2011

Joint Propery jointly owned by all the co sharer. The suit filed by one of the co sharer, who is in possession qua his share in the property. Other co sharer are interfering with the peaceful possession. Can he restrain them from interfering and do we have any judgment on this issue. Kindly guide me. 

Akash (Student)     26 January 2014

Hello sir,

hyderabad,ap,india

my grandfather has expired 10 years back,and my grandfather has 4 sons & 2daughters,all of them shared the property equally.

1)now can my father sell his acquired property with out my wish /will?? If he sells what can i do or claim?? 2)Else the last question is if my father take a debt from third party with out my knowledge and could not pay the amount and if the land is acquired by the third party,can i have any option to claim the property??? 

And i am a mojor(21)

Thanking you in advance


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