In Vineeta Sharma vs Rakesh Sharma & others( CA no 32601 of 2018), the Supreme Court has held that Plaintiff is entitled to a share in her fathers house property. This house was constructed by her father from his own money (self acquired) and later declared it as HUF property by the father. The Supreme Court interpreting sec 6 of the Hindu Succession Act 1956 as amended by act of 2005 considered that this as a coparcenary property and daughter is considered as a coparcener since birth and accordingly considered her petition favourably. Thus a self acquired property as claimed by the Plaintiff and contested by the Defandents as HUF property, considered as Coparcenary property by the Supreme Court. In the same judgement the court observed that the Hindu coparcenary consists of propositus and three lineal descendants. In otherwards coparcenary included persons like sons, grandsons and great grandsons who are the holders of joint property. Thus prior to this land mark judgement coparcenary property got involvement of four generations . The concept of first holder and last holder and in between two generations was the ingredient of a coparcenary. In this case parties to the dispute are brothers and a sister, thus belong to only one generation and considered as coparceneries. Based on the above ruling are all persons to be treated as coparceneries and properties like self acquired, ancestral , HUF are to be treated as Coparcenary properties in future?
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Self acquired property is not co parecenary property
2) on demise of owner intestate property would devolve on his class 1 legal heirs
3) in case cited by you father declared it to be HUF property
4) it is on said basis SC held that daughter has share by birth in said HUF property
- The case you quoting yourself states that it was declared HUF property.
Because of HUF property, daughter got right.
- HUF and ancestor property are Coparcenary properties.
Self earned property is not Coparcenary property.
Under the Hindu succession law, coparcener is a term used to identify a person, who assumes a legal right in his ancestral property by his/her birth in a Hindu Undivided Family (HUF).
According to the Hindu Succession Act, 1956, any individual born in an HUF becomes a coparcener by birth.
Coparceners have the right to ask for partition of the property and to get the shares.
According to the law, all coparceners acquire a right over the coparcenary property by birth, while their share in the property keeps on changing with new additions in the family.
Dear Sir,
1) Daughters have coparcenary right in ancestral and HUF properties of their father. All persons acquire coparcenary right as a matter of birthright.
2) The daughter can claim right to share in self acquired property of father if he died intestate, ie without will, as daughter is equal heir as son.
Thank you
In the case of Vineeta Sharma vs Rakesh Sharma you have given opinion that since it is a HUF property of the father, daughter was considered as Coparcener and the court gave her share in the property. 1) How a property is designated as HUF?. Should a deed has to be written by the father to this effect? 2) Father dies intestate, leaving behind his self acquired property to his childrens. Childrens hold the property jointly. There is no explicit agreement among childrens to this effect. Only Khatha and tax receipt shows joint names. Is it a HUF property or self acquired property in the hands of children? 3)In a Coparcanery property, a child by birth gets a share in the property. Now if a Coparcanery property is to be sold, how to deal with minors share in the property?
If property is declared as HUF property in income tax returns then it would be regarded as HUF property
2) inherited property is not HUF property
3) you need court permission for sale of minor share in property
Dear Sir/Ma'am,
1) HUF is a unique type of legal entity which derives its roots from Hindu Law. HUF is an entity as a family, which consists of male lineally descended from a common ancestor. The members of the family would also include their spouses and unmarried daughters. Given the nature of the entity, the relation of HUF’s arises from status and not legal contracts. HUF may be formed with or without a legal deed. HUF should also be reflected in tax returns.
2) Self acquired property that is given by succession does not become a HUF.
3) The guardian will require order form the court to dispose off the property belonging to minor.
Thank you
- First a HUF have to be existing or declared.
A property have to be declared as HUF.
In income tax returns a property can be declared as HUF property.
- Inherited property and HUF property is different.
Inherited property is not HUF property.
- A court permission is required for any sale of minor share in the property
1. One person cannot form HUF, it can only be formed by a family. HUF consists of a common ancestor and all of his lineal descendants, including their wives and daughters. HUF usually has assets which come as a gift, a will, or ancestral property, or property acquired from the sale of joint family property or property contributed to the common pool by members of HUF. Once a HUF is formed it must be formally registered in its name. A HUF should have a legal deed.
2. The self acquired property left behind by the father upon his death shall devolve equally among his legal heirs who shall be successors to succeed to the estates of the deceased, this is called as intestate succession.
This will not come under joint family property or HUF property.
3. The minor's share in the ancestral property cannot be sold by anyone including the guardian of the minor child without court's permission.
They may have to file a petition before court seeking permission to sell the share of minor child show causing the interest and welfare of the minor child by selling the share of minor child.
The court may grant permission if convinced about the reason put forth in the petition seeking such permission.
- A coparcenary property is that which is inherited by a Hindu from his/her father, grandfather or great-grandfather, i.e., ancestral property.
- Further , before 2005, women were not a part of the coparcenary and hence, could not claim or inherit the property of the father.
- Further, the Supreme Court Judgment of Vineeta Sharma vs Rakesh Sharma, equal status was granted only to daughters whose fathers i.e. coparceners were alive when the amendment came into force on 9 September 2005.
1. Yes , a deed has to be written
2. Self acquired property
3. Court order is required.
