AI Overview...
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Possession of Ancestral Property - Possession by coparceners is considered joint, and all coparceners are deemed to have constructive possession of ancestral property, regardless of actual physical possession. Even if a coparcener is not in physical possession, their interest is recognized as part of the joint possession. Yalla Satyanarayana VS Yalla Perisetti - Andhra Pradesh, Shalini Sumant Raut VS Milind Sumant Raut - Bombay, Selvi Duraiswamy VS R. Santhanam - Madras
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Nature of Coparcenary and Joint Possession - Ancestral properties are held collectively under the doctrine of coparcenary, characterized by community of interest and unity of possession. The death of a coparcener does not disrupt this community of interest or unity of possession. Each coparcener holds an undivided share, and the property is deemed ancestral for their male issue. Yalla Satyanarayana VS Yalla Perisetti - Andhra Pradesh, Shalini Sumant Raut VS Milind Sumant Raut - Bombay, Vasumathi vs R.Vasudevan - Madras, BALAVANT RAO S/O VASUDEV RAO DESHPANDE vs SMT. GEETA W/O PRAVEEN DESHAPANDE - Karnataka
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Legal Rights and Partition - A coparcener has rights to a share of the ancestral property, which can be inherited by male issue. A person not in coparcenary (e.g., a daughter or a non-coparcener) cannot claim joint possession or file a suit for partition unless they are recognized as coparceners or have a right to partition. Alienation of undivided interest by a coparcener does not confer joint possession rights to the purchaser unless they are coparceners. Vishwambhar s/o Namdev Nikam vs Sow. Sunanda w/o Maheshankar Suryawanshi - Bombay, SHANKAR BHAU CHAVARE vs ANNAPPA BALU NAIKWADI (DECEASED) THRU LRS. - Bombay, KRISHNASAMY GOUNDER (DIED) Vs ESWARI - Madras
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Deemed Joint Possession - Even if a coparcener is not physically in possession, their possession is deemed to be joint with other coparceners, reinforcing the principle that possession of ancestral property is collective. This is crucial in partition suits and disputes over ancestral property. Yalla Satyanarayana VS Yalla Perisetti - Andhra Pradesh, Shalini Sumant Raut VS Milind Sumant Raut - Bombay, Selvi Duraiswamy VS R. Santhanam - Madras
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Implication for Partition and Ownership - When a coparcener inherits or acquires a share in ancestral property, that share remains ancestral and subject to the same principles of joint possession and community of interest. The property is inherited as ancestral property, and all coparceners are deemed to be in joint possession, which influences partition rights and legal proceedings. Vasumathi vs R.Vasudevan - Madras, BALAVANT RAO S/O VASUDEV RAO DESHPANDE vs SMT. GEETA W/O PRAVEEN DESHAPANDE - Karnataka, Jitendra VS SHARAT CHANDRA SAHU - Andhra Pradesh
Analysis and Conclusion
Possession of ancestral property is inherently deemed to be joint among all coparceners, grounded in the doctrine of community of interest and unity of possession. Even absent physical possession, a coparcener's interest is recognized as constructive or deemed possession, reinforcing the collective nature of ancestral property rights. This principle is pivotal in legal disputes, partition suits, and inheritance rights, ensuring that all coparceners are regarded as possessing the property jointly until a formal partition occurs.
Search Results for "Possession of Ancestral Property is Deemed to be Joint Possession of all Coparcener"
2006 0 Supreme(AP) 1036 • India - Andhra Pradesh
G.YETHIRAJULU
ADVERSE POSSESSION - Coparceners - Suit for partition by one coparcener of Joint Family against other coparceners relating to ancestral ... A co-sharer, who is not in possession of property, is deemed to be in constructive possession of properties, therefore, there cannot ... Admittedly suit property is ancestral property and all coparceners....
1981 0 Supreme(AP) 48 • India - Andhra Pradesh
PUNNAIAH, K.MADHAVA REDDY
HINDU LAW - Joint family Doctrine of blending of self acquired property with ancestral property - Essential requirements to I attract ... doctrine - Existence of Coparcenery - A coparcener is not competent to make a gift of his undivided share in the joint family property ... in the joint family property. ... Defendants 1 to 5 further conten ded that the property covered by the gift deed was never....
2012 0 Supreme(Bom) 2326 • India - Bombay
ROSHAN DALVI
with community of interest and unity of possession being the prime principle of coparcenery property. ... Ancestral properties can be co-owned by community of interest and unity of possession such that each party is owner of undivided ... Death of deceased i.e. holder of HUF property does not effect their community of interest and unity of possession. ... No coparcener is entitled to any any special interest in coparcenary property.....
2025 Supreme(Online)(Bom) 6656 • India - High Court of Bombay
SHAILESH P. BRAHME, J
18, 19) ... ... (B) Civil Procedure Code - Order 7 Rule 11 - The plaintiff's suit for partition was deemed ... unsustainable as she is not a coparcener while her mother is alive and has not sought partition. ... Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener.” ... In the present matter, plaintiff’s mother Prabhavati can be said to have a birth right, but she has not filed suit for partition and separate possession. She has not made an....
2024 Supreme(Online)(Bom) 4640 • India - Bombay High Court
SHARMILA U. DESHMUKH, J
36, 38) ... ... (B) Legal Principles - The right of a purchaser of undivided interest in coparcenary property ... It was contended that the suit property is ancestral joint family property and devolved upon Balu and Mayappa and upon death of Balu the ownership of the property as well as the possession was with the Defendants. ... It is true that an alienee of an undivided interest of a Hindu coparcener is not entitled to joint #HL....
2024 Supreme(Online)(MAD) 40310 • India - High Court of Madras
N.SESHASAYEE, J
(2018) 7 SCC 646 ]) where speaking for the Bench, H.R.Khanna J. writes: “The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue.
• India - Bench at Kalburagi
B.V.NAGARATHNA, J
) entitled to one-sixth share in joint family property, affirmed by lower courts as ancestral property. ... (A) Hindu Succession Act, 1956 - Section 6 - Second appeals concerning partition of ancestral property by legal heirs of deceased ... (Paras 28, 32, 34) ... ... (B) Joint Family Property - Nature of property under ... Coparcenery property was an incidence of joint family ....
• India - Madras High Court
Honourable Mr Justice S. SOUNTHAR
Finding of the Court: The High Court held that the suit properties were ancestral properties and that the respondents ... of the deceased, filed a suit for partition and permanent injunction, claiming a 2/5th share in the suit properties, which were ancestral ... **Hindu Succession Act, 1956 - Section 6 - Amendment - Retrospective effect - Alienation of property before amendment - Property ... (II)Whether the plaintiffs are in joint possession of the suit prope....
1977 0 Supreme(Bom) 54 • India - Bombay
VAIDYA, NAIK
Sitabai resisted the suit, contending that the suit property was not part of the ancestral property and that she was in possession ... Whether the suit property was part of the ancestral property of the family? 2. ... HINDU SUCCESSION ACT, 1956 - SECTION 14 - POSSESSION OF PROPERTY BY FEMALE HINDU - INTERPRETATION - WIDOW IN JOINT FAMILY - RIGHT ... might be deemed sufficient. ... But it is clear ....
2017 0 Supreme(Mad) 3922 • India - Madras
R.SUBRAMANIAN
is ancestral property and the plaintiffs would become coparceners, the possession of the defendants is deemed to be possession on ... with restricted rights. – Therefore, there is no escape from the conclusion that the suit property was ancestral property in the ... was inherited by Chinna Narayanan, from his father Periya Munian it assumes the character of ancestral property and once the son ... ....
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