Joint family property  - Coparcenary property - Property inherited from the father by his sons becomes joint family property in the hands of the sons - Property inherited from paternal ancestors is,  “ancestral property” but it is his absolute property and not ancestral property as regards other relations.  2019 SCeJournal 805 (1st July, 2019)

Joint family property  - Coparcenary property -  - Plaintiffs  were not parties to the compromise and the subject property at that time was joint family property and the compromise entered into between the parties would not bind their rights. 2019 SCeJournal 805 (1st July, 2019)

 

 

Joint family property  - Coparcenary property - Property was purchased by C from his sister and  defendants nos. 2 to 4 (son of C)have inherited the property after death of propositus C - Plaintiffs are children of  defendants nos. 2 and 3, it would be an ancestral property in their hands - Defendant no. 4 with the knowledge of defendant nos. 2 and 3 entered into a compromise for sale of the property - Indisputedly plaintiffs are neither parties to the proceedings nor consented when the compromise decree was executed and admittedly the same would not be binding upon their share over the property - Compromise would bind the share of defendants nos. 2 to 4  as they are party to the compromise which was entered into.  2019 SCeJournal 805 (1st July, 2019)

 

Joint family property  - Coparcenary property - Property inherited from the father by his sons becomes joint family property in the hands of the sons - Property inherited from paternal ancestors is, of course, “ancestral property” as regards the male issue of the propositus, but it is his absolute property and not ancestral property as regards other relations.  2019 SCeJournal 805 (1st july, 2019)

 

Joint family property  - Coparcenary property - “. . . if A inherits property, whether movable or immovable, from his father or father's father, or father's father's father, it is ancestral property as regards his male issue. If A has no son, son's son, or son's son's son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases. . . .A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons' sons and sons' sons' sons, but as regards other relations he holds it, and is entitled to hold it, as his absolute property.” Mulla's Principles of Hindu Law (15th Edn.), it is stated at p. 289. 2019 SCeJournal 805 (1st July, 2019)

 

Joint family property  - Coparcenary property - “The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. They take an interest in it by birth, whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property, and if the coparcener dies without leaving male issue, it passes to his heirs by succession.” Mulla's Principles of Hindu Law (15th Edn.), p. 291. 2019 SCeJournal 805 (1st July, 2019)

 

 

Joint family property  - Coparcenary property - Property inherited from the father by his sons becomes joint family property in the hands of the sons - Property inherited from paternal ancestors is, of course, “ancestral property” as regards the male issue of the propositus, but it is his absolute property and not ancestral property as regards other relations.  2019 SCeJournal 805 2019 SCeJournal 805 (1st July, 2019)

  • Coparcenary Property – Every property in the hands of a holder is presumed to be his self-acquired property unless proved otherwise. (2019-1)193 THE PUNJAB LAW REPORTER 625
  • Co-parcenary Property - Neither any Excerpt or pedigree table has been brought on record - Person being fourth generation in lineage can assert right by birth - Three generation preceding to the person are required to succeed the property - Mere admission in the cross-examination would not dispense with discharging the onus regarding nature and character of the property.  (183) P.L.R.

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