Anda di halaman 1dari 1

The Ancestral Property of a Hindu Family as explained by me is based on the Principle of Hindu

law followed by the Supreme Court of India well propounded in Hindu Law by Mulla.
Previous to 2005 Amendment in the Hindu Succession Act,1956,
The Ancestral property also called Copacenary property, wherein all the male members of the
Joint Hindu family were called Copaceners, the female members were enjoying the right to
maintenance in such Hindu Family but not to share the right in the Hindu Family Property.
Wherever there was division of the Joint Hindu Family property or the Ancestral Property or the
Copacenary property, only the male Copaceners were entailed to get share in the property not
female members, after the 2005 amendment, the daughters borne in any such Joint Hindu Family
will be also entitled to get equal share as the sons, in other words daughters too will be
considered Copaneners of the Joint Hindu Family entitled to equal share as the sons the male
Copaceners.
The four generation rule for considering a property as Ancestral or Copacenary is not made by
me but that exist from time immemorial, well followed by the Indian courts.
The self acquired property of the grand father on his death without leaving a 'Will' devolves to
his Class 1 Heir who in this case will be his widow, all his sons & all his daughters, in case any
of his son or daughter died before his death, then the legal heir of the predeceased son or
daughter will get the share which the predeceased son or daughter would have got.
The grand daughter of the grand father shall be entiled to get share of her predeceased father
only, if the father is alive then she is not entiled to any share.
As far the division of the Ancestral/Copacenar property is concerned that can be sought anytime
by any of the Copacener of the Joint Family.
The daughter being one of the Hindu Copacenar can now seek division of the
ancestral/copacenary property as any son anytime during her lifetime.
The claim is executable at the time of partition of the ancestral/copacenary property in question,
why wait for death of the father who himself is also one of the copacenar entiled to only one
share as the daughter.

When the division of any Joint Hindu Family property/Copacenary Property/Ancestral Property
take place each share the copacenar get becomes his or her self acquired property & doesn't
remain part of the Joint Hindu Family property/Copacenary Property/Ancestral Property.
If this part of the self acquired property remains undivided in his/her family for next four
generation including him/her then it acquires the same status that of Joint Hindu Family
property/Copacenary Property/Ancestral Property but now here a new Joint Hindu Family takes
shape with regard to the said property.
Hope you understand how self acquired property becomes ancestral/coparcenary & vice versa in
a Hindu Family.

Anda mungkin juga menyukai