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Income-tax Officer (Second) VS Arun Kumar J. Roongta (HUF) - Income Tax Appellate Tribunal
"], ["NARAYANASAMY vs RAMASAMY - Madras
"].Income-tax Officer (Second) VS Arun Kumar J. Roongta (HUF) - Income Tax Appellate Tribunal
"].The concept of coparcenar rights includes the ability to seek partition, enjoy the property, and dispose of their share, subject to legal restrictions, and these rights are recognized and protected by courts ["
Income-tax Officer (Second) VS Arun Kumar J. Roongta (HUF) - Income Tax Appellate Tribunal
"], ["NARAYANASAMY vs RAMASAMY - Madras
"].Analysis and Conclusion:
Income-tax Officer (Second) VS Arun Kumar J. Roongta (HUF) - Income Tax Appellate Tribunal
"].References:- ["
Income-tax Officer (Second) VS Arun Kumar J. Roongta (HUF) - Income Tax Appellate Tribunal
"]- ["NARAYANASAMY vs RAMASAMY - Madras
"]- ["1989 0 Supreme(Bom) 239"]- ["1987 0 Supreme(AP) 325"]- ["2009 0 Supreme(Ker) 235"]- ["2009 0 Supreme(Mad) 3368"]- ["2013 0 Supreme(Mad) 4190"]- ["2022 Supreme(Online)(MAD) 952"]- ["2006 0 Supreme(Raj) 1298"]
In the intricate world of Hindu family law, property disputes often hinge on one crucial concept: . If you've ever asked yourself, What is proof of coparcener?, you're not alone. Many individuals navigating inheritance, , or grapple with establishing their status as a coparcener. This blog post breaks it down step-by-step, drawing from key judicial precedents and legal principles to help you understand the essentials.
Typically governed by , forms the backbone of . Proving coparcener status isn't just about birth—it's about demonstrating a living joint family structure. Let's dive into the details.
A coparcener is a member of a Hindu joint family who acquires an interest in the by birth, with such interest being undivided, fluctuating, and capable of being worked out through partition2020 4 Supreme 193. As clarified in , A coparcener has an in the property and such interest is by birth, not by inheritance 2020 4 Supreme 193.
This means:- : No will or gift is needed; it's inherent upon being born into the family.- : The interest enlarges with deaths and shrinks with births until partition 2023 0 Supreme(Del) 1257 2020 4 Supreme 193.- : Coparceners hold the property collectively, not in fixed portions.
Not everyone in the family qualifies. For instance, an and his heirs do not have the same rights as Hindu coparceners and are not entitled to maintenance unless proven by custom 1944 0 Supreme(Mad) 57.
Proof of coparcener status requires establishing three core elements:1. Existence of a with a , governed by 2023 0 Supreme(Del) 1257.2. Membership by birth in that family, unless contradicted
.3. Undivided nature of the property, shown through joint possession and 2023 0 Supreme(Del) 1257
.
The law strongly presumes in Hindu families. The burden lies on the party claiming separation or non-joint status
. Courts look for evidence of family’s , including:- Family documents (settlement deeds, revenue records).- Conduct of members (shared residence, common management).- (, joint dealings) 2023 0 Supreme(Del) 1257.
Mere assertion isn't enough; credible, contemporaneous evidence is key
.
Hindu law favors unity: The presumption of is strong, and the initially lies on the person claiming separate status
. Supporting proof includes:- or oral history backed by records.- or public documents.- Conduct evidence, like joint mess or business.
In one case, even assuming a single coparcener in a branch, a son's birth instantly creates
. Ancestral properties retain their character despite self-acquisition claims, protecting coparceners' rights
.
However, oral arrangements or unregistered documents need strong public corroboration 2023 0 Supreme(Del) 1257.
The amendment to Section 6 revolutionized coparcenary by granting daughters equal birth rights: The amendment... explicitly recognizes daughters as coparceners by birth 2023 4 Supreme 421.
Yet, proof remains unchanged—family and birth membership must still be established 2023 4 Supreme 421. Post-amendment suits can't retroactively unsettle pre-2004 partitions without evidence 2019 0 Supreme(Mad) 235. For example, sales by fathers and brothers before the amendment may stand if follow years later 2019 0 Supreme(Mad) 235.
Note: Pre-, daughters weren't coparceners by birth, affecting devolution via 2015 0 Supreme(SC) 1124.
Coparcener claims aren't absolute:- Prior partition: If proven before key dates (e.g., ), presumption fails 2024 0 Supreme(Mad) 1000.- Non-coparceners: Illatom adoptees or strangers lack automatic rights 1944 0 Supreme(Mad) 57.- Preemptive rights: Under Section 22, coparceners have first refusal on sales to outsiders, but this applies post-partition or in specific contexts 2022 0 Supreme(Guj) 543.- Alienees and injunctions: Strangers purchasing from co-owners may defend against injunctions; title suits are needed 2010 0 Supreme(Mad) 4184.
In blending cases, separate property thrown into the family requires intent proof 2016 0 Supreme(AP) 424.
To substantiate your coparcener claim:- Gather documents: Settlement deeds, revenue records, birth certificates linking to .- Show : Evidence of shared living, finances, or rituals.- File timely: Avoid limitation bars; shifts burdens 2016 0 Supreme(AP) 424.- Seek partition: Formal suits clarify shares.
In disputes, consult records early—courts demand admissible, public evidence.
This overview provides general insights into Hindu coparcenary law. Property matters vary by facts, customs, and jurisdiction—this is not legal advice. Consult a qualified lawyer for personalized guidance.
References:- 2020 4 Supreme 193: Birth rights and fluctuating interest.- 2023 0 Supreme(Del) 1257: Joint family proof and presumptions.-
: Burden and evidence standards.- 2023 4 Supreme 421: Daughters as coparceners.- Additional cases: 1944 0 Supreme(Mad) 57,
, 2019 0 Supreme(Mad) 235, 2022 0 Supreme(Guj) 543, 2016 0 Supreme(AP) 424, 2015 0 Supreme(SC) 1124, 2010 0 Supreme(Mad) 4184. #CoparcenerRights #HinduLaw #JointFamilyProperty
The court held that the Karta had the power to effect a partition and that he does not cease to be a coparcenar and so his right to claim partition is always there even though he is the sole coparcenar. ... For the above reasons, the court held in that case that as a partition or as a family arrangement, the partial partition by a sole male coparcenar was quite valid and should be accepted. ... The ITO declined to recognise the aforesaid partition on the ground that there could be no partition in the case of the family having a single #HL....
Whether the first defendant discharged his burden of proof that the suit property is his separate property by respondents argued that a mere proof that the family possessed that the property purchased in the name of an individual execution of sale deed under Ext A-1, it has to be presumed that any property purchased in the name of a senior coparcenar
his interest in the property shall devolve by survivorship upon the coparcenar and not in accordance with this Act." ... The burden of proof in respect of Wills is well-settled. Shortly stated, the propounder of the Will has to prove not only that it was, duly executed and attested as is required by the law, but also that it is genuine. ... Subject to such carving out of the interest of the deceased coparcenar the other incidents of the coparcenary are left undisturbed and the coparcenary can continue without disruption." ... Mr. ... In s....
of property is alienated by such coparcenar or co-owner and if ultimately it is found that the alienating coparcenar or co-owner is allotted some other item in partition, the doctrine of substituted security would apply irrespective of the question whether the right of a coparcenar or co-owner is transferred ... But upon the birth of a son all the rights which belong to a coparcenar belong to that son, and the enlarged rights hitherto enjoyed by the sole coparcenar are now abridged within their normal c....
C, could not have been entitled to maintenance as he was not a coparcenar; but she would have been entitled to claim the whole of the share which he got from the father. In the present case, however, the position is this. ... It was held that she was entitled to recover in the absence of proof of a custom by which the rights of the plaintiffs father should have passed by survivorship to the second defendant. In Chenchamma v. ... Subbayya I.L.R. (1885) Mad. 114, it was held that, although an illatom son-in-law and a son adopted into the same family might li....
Instead, Section 29-A provides equal rights to a daughter in coparcenary property by engrafting non-obstanti clause to Section 6 of the act thus: (I) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcenar shall by birth become a coparcenar in her own right in the same manner ... By operation of sub-section (iv) of Section 29-A of the amendment Act, an unmarried daughter is entitled as a coparcenar to seek partition. ... ... ( 16 ) THUS, the Amendment Act provides that notwithstanding Sec. 6of the Act, Section 29....
The earlier suit had been rejected under Order 11 Rule 11 of CPC on the ground that the coparcenar, i.e. mother of the plaintiff was not alive as on the date on which the amendment to Section 6 of the Hindu Succession Act had come into force.
From the year 1989, she also became a coparcenar, since she has not married. Since the plaintiff came forward with a plea of partition, as member of the coparcenary, she is entitled to her half share in the property. ... It was the suit for partition filed by the plaintiff in Application No.259 of 2005 called herself as a Coparcenar in the family and according to her, the Coparcenary originally constituted of her brother, the second defendant and her father, since deceased, by operation of Section 29A of the Hindu Succession
Even assuming that at the time of division there was only a coparcenar in one branch, the moment a son is born to him, his son gets a right by birth and property takes the character of a coparcenary property. ... It is also true that even then when other coparcenar was alive, still they were not shown as the parties in the suit. But it was Madhavanunni who had to take up the contention that the suit is bad for non-joinder of necessary parties. ... Going by the Section 30 of the Hindu Succession Act a coparcenar is capable of creating a te....
The only question to be seen is whether the sale deed dated 02.06.1994 executed in favour of the appellant by the father and brothers of 1st and 2nd respondents/ sisters is valid or whether by virtue of becoming coparcenar, they are entitled to set aside the same even after getting a decree of partition ... that the property was sold by Mr.Purushothama Kounder and three sons viz., respondents 7 to 9 on 02.06.1994 itself, whereas the partition suit was filed after 18 years, only after the amendment of Section 6 of the Hindu Succession Act, by which the daughters are also bro....
It is contended that parties are Hindus and they have pre-emptive right to purchase the shares of other coparcenar if the other coparcenar wants to sell to third party. It is alleged that the property was accepted by the beneficiaries for entire family and all the members have equal shares having one-seventh shares. According to the plaintiffs, though they have preferential right to purchase the share of other co-owners, defendant Nos. 1 and 2 did not make any offer regarding the sale of their undivided share to the plaintiffs and they have sold it i.e. defendant Nos.
He submitted that this was the ratio, in MALLESAPPA BANDEPPA DESAI AND ANR. He submitted that doctrine of blending postulates existence of joint family property, existence of separate property of coparcenar and intention of coparcenar to throw his separate property into common hotch pot. v. DESAI MALLAPPA ALIAS MALLESAPPA AND ANR. (AIR 1961 SC 1268). Advocate for Srinivas and others disputed the blending theory and submitted that the recitals of Ex.B.63 indicate that the entire property was conveyed by N.Venkata Swamy and Yadagiri and it does not establish existence of any ....
2. It is common ground that Section 6, as substituted by Act 39 of 2005 w.e.f. 9th September, 2005, has made the daughter of a coparcenar also entitled to claim as a male coparcenar. Be that as it may the question that falls for determination in the present appeal shall have to be answered by reference to Section 6 as it stood before the said amendment.
Another aspect is the right of disposal after partition by the coparcenar to whom it was allotted. The dates are crucial to decide whether the petitioners/appellants are entitled a share in the property of their grandfather along with their father.
But, the contention on behalf of the Appellant is that the Respondent/Defendant being an alienee from Seeniammal, another Co-owner is not entitled to joint possession with the Appellant upon the said properties and that the Appellant is entitled to seek injunction against him. But, it is not a case between a Coparcenar and a stranger alienee from coparcenar. Therefore, it is held that the Plaintiff/Appellant is not entitled to injunction as against the Respondent/Defendant with regard to Door No.2/39 and the property in Survey No.67/6. Therefore, the said contention on beha....
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