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Rajendra Kumar   07 January 2024

Character of property after distribution

Sir, my grandfather owned a mitakshra coparcenary property which he inherited from his father in 1952, he divided this property among his 3 sons ( my father and my 2 uncles) in his life time vide a family settelment in 1982, and died in 1983 now what will be the character of so received property by my father in his hands with regards to his children will it be joint family property, or coparcenary property, or self acquired property or ancestral property, whether my father can dispose so received this property vide a will or a gift without consent of his children or he can dispose only his part share in such property not whole property. Please clarify. 


 4 Replies

Advocate Bhartesh goyal (advocate)     08 January 2024

Your father got the property in division/partition  so after division of property it  is your father's self acquired property and he is absolute owner of property and can transfer it to anyone through sell,gift or will as per his wish.

Rajendra Kumar   09 January 2024

Goyal sir, tnx for your view, what I have heared and also there are pronuncement of courts which states that a joint family/coparcenary property doesn't not looses it's character just because a division has taken place among it's coparceners it will remain coparcenary property in the hands of receiving coparceners with regards to their children (coparceners) and seperate property with regards to other relation. And such property can not be disposed by it's own wish of a head coparcener (karta) holding such property of a joint hindu family by will, gift, or sale without consent of other coparceners as they (other coparceners) have birth right in such property. Please clarify by citing laws and its section also any supreme court judgement that states this as self acquired property. 

T. Kalaiselvan, Advocate (Advocate)     09 January 2024

I endorse the views of advocate Mr. Goyal.

It was ancestral property to your grandfather,  which he divided among his children. 

After that it becomes your father's self acquired property and not ancestral or HUF property anymore 

Rajendra Kumar   10 January 2024

Kalaiselvan and goyal sir, tnx for giving valued view and i respect the same but i am still not clear and unable voilentry happily to agree it if we for a moment just not go into prevailing law an ancestral /coparcenery property looses its character and becomes self acquired property due to just it has been divided among coparcners wher other family members of such coparceners also have birth right in such property will it not be debarred from their(coparceners) rights where a law, a male hindu governed by mitakshra gives a birth right to the coparceners of a coparcensry is it not both the laws opposes one another. Sir i am from engineering stream and not much aware about the technicality of various property laws. Sir here is attached a file of a judgement I shall be highly obliged if you please look on it and clear my doubt/ cofusion regarding character of a copacenary/ Ancestral property after division among coparceners in their hands in relation of their children. Tnx

Attached File : 984221 20240110114000 sa729 of 2016 414306 1 1 1 .pdf downloaded: 22 times

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