If the property is devolving around 4 generations without partition then only it is coparcenary property. Otherwise it will lose its character of the same
My grandfather bought a property in 1939,at that time he had no children. He got two wives.So he made a settlement to his wives in 1941 for their life. But my 1st. grandma gave birth to 5 children.(3sons and 2daughters) So my grandpa cancelled the settlement in 1948.After he died in 1968.In1976 the 3sons made partition with their properties likely 1st.son and the 3rd.son as A schedule and the 2nd.son as B schedule My father is B schedule. He has 2sons and 3 daughters. My father made a will in his property to me in 2017.In2018 my sisters filed a case against me and my brother and father. Now my question is that this property is a coparcenary property.
If the property is devolving around 4 generations without partition then only it is coparcenary property. Otherwise it will lose its character of the same
In this case what I can do. Further in this case is favour for me or not.
1) it is not ancestral proeprty
2) property which has remained undivided for 4 generations is ancestral property
3) once partition deed was executed between father and his siblings it would be father absolute property
4) he could execute will in your favour
5) sisters have no share in property
Let them file a suit in this case as they need the share you only contest the same. It can turn in your favour
This is not an ancestral property. Property needs Tobe four generation old to become ancestral that is to be passed down from great grand father to great grand son.
Will made by your father shall be valid. You shall have full right to the property. Your sister shall not have any right.
1. the property was purchased by your GF in 1939 i.e. prior to coming into force of the Hindu Succession Act
2. so the property is indeed an ancestral property or HUF property
3. the Hindu Succession Act was amended in 2005 by which even daughters were made coparcenors in ancestral property with the condition that the father has to be alive on the amendment date
4. your father is still living which means your sisters automatically became coparcenors and thus have a legal share in this property
5. your father can make a Will of only his undivided share in the ancestral property and not the entire property - see section 30 of Hindu Succession Act
After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted children of that son will take interest in it and is entitled to it by survivor ship. It is a coparcenary property if 4th generation born.
According to the law, all coparceners acquire a right over the coparcenary property by birth, while their share in the property.
This is not ancestral property.
This becomes your father's own and absolute proeprty hence ther is no coparcenary rights in it to anyone.
Your father is competent enough to dispose his share of property to anyone of his choice and decision.
His decision cannot be challenged by anyone.
Hence your sisters partition suit may not be maintainable.