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Raj (none)     07 October 2014

Coparcenery property

My father has one son and 2 daughters(including me). My father had 18 acres of agricultural land which was a coparcenary  property. In 1972 my father gave 8 acres of front land to my brother through a consent decree. In this partition, specific  killa no.s were given to him and till now he enjoyed it's income. In 2005 he even sold 6 acres of land from his share. In  2005 and 2006 my father transferred his share of 10 acres of land to his wife through 2 release deeds but he did a mistake. In order to save the stamp duty it was written in release deed that it was his"dada lai" property. But the truth is that  after partition of 1972 these 10 acres became his exclusive property. Now my sister has challenged these deeds in the court  insisting that after 2005 amendment of Hindu succession act, she has a share in the property because her father has admitted  in the release deed that it is a "dada lai" property, but legally speaking after partition in 1972 coparcenary came to an end. My father died in 2008. Can you suggest some Supreme Court judgements which support that truth prevails upon admission. 



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 3 Replies

dr g balakrishnan (advocate/counsel supreme court)     07 October 2014

Coparcenery property means HUF it is. He sold some part as manager of HUF that is all, so it means he maintained all of you;

it is a property what is today only. All of you have true indeed have equal shares rights whether as sons or daughters that way claims  could be settled by settlement deeds by manager of HUF if he accepts in HUF position, coparcener has a right to be looked after that is all partition cannot be forced without couty orders! 

ROHIT SHARMA (Legal Advisor )     07 October 2014

1. The fact that he had made a declaration that such property was ancestral, and then if he has partitioned such property then all of his legal heirs need to have been also allotted their share.

2. In this case grand father had one son and hence after the partition the rest of the property was the share of the grandfather and he had all the rights to transfer his share to his wife.

3. After this partition done in 1972 the title of the property being ancestral is extinguished.

4. Now your sister has filed a civil suit as for to determine her right as a co-parcener in such deemed ancestral property based upon the fact that the grandfather while making a release deed in favour of his wife mentioned that such property before such partition took place in 1972 was ancestral. 

5. Since after partition your father got his share and thus his legal heirs have their share in the share that he got from his father.

6. The share that your grand mother has got is now her own property.

7. Your sister does not have the locus standi as a co-parcener . She cannot claim her share from your grand mother's property.

8. Your sister does have a right to share in her father's property and cannot now claim to be a co-parcener of any ancestral property.

 

 

 

 

 


 

 

 

 

 

Raj (none)     07 October 2014

Originally posted by : ROHIT SHARMA

1. The fact that he had made a declaration that such property was ancestral, and then if he has partitioned such property then all of his legal heirs need to have been also allotted their share.

2. In this case grand father had one son and hence after the partition the rest of the property was the share of the grandfather and he had all the rights to transfer his share to his wife.

3. After this partition done in 1972 the title of the property being ancestral is extinguished.

4. Now your sister has filed a civil suit as for to determine her right as a co-parcener in such deemed ancestral property based upon the fact that the grandfather while making a release deed in favour of his wife mentioned that such property before such partition took place in 1972 was ancestral. 

5. Since after partition your father got his share and thus his legal heirs have their share in the share that he got from his father.

6. The share that your grand mother has got is now her own property.

7. Your sister does not have the locus standi as a co-parcener . She cannot claim her share from your grand mother's property.

8. Your sister does have a right to share in her father's property and cannot now claim to be a co-parcener of any ancestral property.

 

 

 

 

 


 

 

 

 

 

Thanks for your reply. But the person in question is my father and not grandfather(who divided the propertry in 1972, when only males were coparceners). So what difference will this make to your answer.


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