Question: A and his Sons B And C Constituted a Coparcenary. B Separates himself after getting 1/3rd share of Coparcenary Property. A Dies intestate leaving his surviving daughter D And sons B And C. Examine the Claims of Daughter D and Son B to the Property (Coparcenary and Self Acquired) left By A. Find the answer only on Legal Bites. [A and his Sons B And C Constituted a Coparcenary. B Separates himself after getting 1/3rd share of Coparcenary Property. A Dies intestate leaving his...
Question: A and his Sons B And C Constituted a Coparcenary. B Separates himself after getting 1/3rd share of Coparcenary Property. A Dies intestate leaving his surviving daughter D And sons B And C. Examine the Claims of Daughter D and Son B to the Property (Coparcenary and Self Acquired) left By A.
Find the answer only on Legal Bites. [A and his Sons B And C Constituted a Coparcenary. B Separates himself after getting 1/3rd share of Coparcenary Property. A Dies intestate leaving his surviving daughter D And sons B And C. Examine the Claims of Daughter D and Son B to the Property (Coparcenary and Self Acquired) left By A.]
Answer
Generally, as per the provisions of Hindu Law, whenever an ancestor inherits any property from any of his paternal ancestors up to three generations above him, then his legal heirs up to three generations below him would get an equal right as coparceners in that property. Such a property should not have been divided by the members of the joint Hindu family.
When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.
In case, if the ancestral property had been partitioned between your father and his brothers, his share in such property granted to him at partition would be regarded as his self-acquired property.
Factual Matrix
In the present case, B separates himself after getting 1/3rd share of coparcenary property. This means he has dissolved all rights after getting his share partitioned. Once a coparcener partitions himself from the coparcenary property, his property becomes self-acquired. After getting his share, the person is not entitled to get the share if another subsequent partition takes place. Hence, in the said case, after the death of the A, the coparcenary would only be limited to his son C and daughter D.
B will have the already acquired 1/3rd property. In the case of Danamma v. Amar, (2018) 3 SCC 343, the Supreme court held that the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.
D, however, will get an equal share as all the other coparceners after the death of A. D will get an equal share as C i.e., half of the remaining property.
