Brother's not willing to give share in ancestral property how to claim

813 votes

you will have to file partition suit if they are denying to give you your share. grampanchayat should have given you notice before entering anybody's name. only sale deed or registrered agreement for sale is proof of ownership.

Advocate Siddharth D Magdum LawRato

873 votes

The word coparcener has been used very widely in relation to the Hindu law and the HUF. In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property. Prior to the amendments made by the Hindu Succession (Amendment) Act,2005, only male members of a family had a right to the Ancestral property by birth and they were only entitled to demand partition in the HUF Property and thus only male members were called coparceners. Under the 1 lindu law, it has also been said that the male members upto three lineal descendants are coparceners meaning a family consisting of father, his son, son’s son and son’s grandson are coparceners in the Hindu property. The genesis of coparcenary thus is a common male ancestor with his lineal descendants in the male line within three degrees excluding him e.g. his son, son’s son and son’s grandson. This genesis is so long as the male ancestor is alive and after his death, the three degrees can consist of collaterals such as brothers, uncles, nephews and cousins etc. lhis position is 1so subject to the amendments made by Hindu succession (amendment) Act, 2005 whereby even daughters have been included within the term coparceners and all references to son shall equally apply to daughters also.

Any member other than the above who were not entitled to right in the HUF property by birth or who did not have a right to demand partition were not coparceners and were simply members who had a right of maintenance out of the 1-hindu family property.

However, with the amendments made by the 1 hindu Succession (Amendment) Act, 2005 a daughter has also been given equal rights as son and she has also become a coparcener in the Hindu property and she has also got rights over the Hindu property to demand partition.

Form the above it follows, that all the, coparceners are members of 1 IUF, but not the vice versa i.e., a member of HUF may not necessarily be a coparcener say a daughter in law in the Ilindu family.

As we have seen in earlier Chapters, Coparcener in relation to a Joint 1-lindu family means a person who is entitled to demand partition of his share in the Coparcenary property.

Advocate Shrikant Laxman Tambe LawRato