• Is this property a coparcenary property

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.
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

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

Prashant Nayak
Advocate, Mumbai
34707 Answers
249 Consultations

  1. You see, after partition, your​father's share became definite and it no longer remained a coparceneray property. So your father is well within his rights to Will it as he pleases. 
  2. So the suit filed against you guys will not stand judicial scrutiny. Of course you guys need to appoint competent Advocate to defend your interests. I'm willing to offer my services in this regard, but for that I require an exhaustive consultation session with you first. So do pay me a visit.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

  1. At present the property belongs to your father. The Will will operate only after his demise. So o fail to understand why have you been made a party to the suit?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

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 

Ajay Sethi
Advocate, Mumbai
100031 Answers
8167 Consultations

Let them file a suit in this case as they need the share you only contest the same. It can turn in your favour

Prashant Nayak
Advocate, Mumbai
34707 Answers
249 Consultations

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No it is partitioned and as good as self acquired property father can dispose same in his will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File application before court for rejection of the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

NO, and in father life time,non have claim in property. Ask your father to gift the property.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

According to the law, all coparceners acquire a right over the coparcenary property by birth, while their share in the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

You contest the case properly and challenge their claim as per law and repudiate their claim.

Their case is not maintainable or tenable in law.

 

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

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