Family and Personal Laws
Hindu Law
Coparcenary property or separate/self-acquired property - Partition of ancestral property - Property falling in share of a
single coparcener would be treated as his separate property vis--vis his relatives and he would be competent to
alienate/deal with it in any manner he would like - But upon his marriage subsequently when a son is born (and after the
2005 Amendment to Hindu Succession Act, 1956, also a daughter), property in his hand would be treated as
coparcenary property in which son(s)/daughter(s) as coparceners would get shares - Hence after birth of a child, he
could dispose of such property only as karta for legal necessity -
Suit filed by son for declaration that alienations of such
property by way of sale and gift after he was born, having not been made by his father as karta for any legal necessity,
were null and void, deserved to be decreed - However, in respect of property which would have fallen in share of his
father at the time of execution of sale and release deeds, parties can work out their remedies in appropriate proceedings,
Coparcener - Coparcenary property - Meaning - Partitioned share of ancestral property held by single person again
becomes coparcenary property as soon as child is born to such holder of the partitioned share of ancestral property,
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