Is it coparcenary property?
Learner
(Querist) 06 August 2012
This query is : Resolved
Some agricultural land stood in name of one Surjit Singh as per jamabandi 1904-05. No prior revenue record is available.
He died somewhere in 1960 and after his death, the land devolved to his heirs including his widow, four sons and five daughters.
Thus, may I say that Surjit Singh constituted Hindu Undivided Family (HUF) being Karta, with his family?
My point is can we say that the land was hindu coparcenary at the hands of Surjit Singh?
(Actually, the land was ancestral, but we have no record available to establish it.)
Raj Kumar Makkad
(Expert) 06 August 2012
If the entries of the mutation sanctioned on death of Surjit singh show the equal share of his legal heirs then the land shall be regarded as his self acquired instead of ancestral because the daughters had only right to maintenance in the ancestral agricultural land prior to HMA 2005.