Ancestral Property:
Property inherited from:
- Father
- Father's father (grandfather)
- Father's father's father (great-grandfather)

Key Point:
- Must be inherited in direct male line
- Up to four generations
- Not purchased or self-acquired

Becomes Ancestral When:
1. Great-grandfather acquires property
2. Passes to grandfather by inheritance
3. Passes to father by inheritance
4. Your share is ancestral

Self-Acquired Property:
- Purchased by individual
- Earned from own efforts
- Inherited from non-lineal sources
- Complete ownership

Ancestral Property:
- Inherited from 4 generations
- Coparcenary rights exist
- Limited ownership
- Can't dispose freely

HUF Characteristics:
- Consists of all persons lineally descended 
  from common male ancestor
- Includes wives and unmarried daughters
- Governed by Hindu Succession Act

Coparcenary Definition:
A smaller subset of HUF with:
- Right to partition
- Survivorship rights
- Interest in ancestral property

Members:
- Father
- Sons (including through adoption)
- Grandsons
- Great-grandsons
- Daughters (after 2005 amendment)

How It Works:
- On death, coparcener's share passes 
  to surviving coparceners
- Not by succession but by survivorship
- Automatic transfer

Exception:
- If partition happened before death
- Then becomes individual property
- Passes by succession

Coparceners (Males Only):
- Father
- Son
- Grandson
- Great-grandson

Females:
- Right to maintenance
- No coparcenary rights
- Share only on partition (limited)

Hindu Succession (Amendment) Act, 2005:

Daughters Now Have:
- Equal coparcenary rights
- Right to partition
- Share equal to sons
- Can become Karta (after 2020 SC ruling)

Conditions:
- Applies to daughters born before/after 2005
- Father must have been alive on Sept 9, 2005
- (Later relaxed by Supreme Court in 2020)

Vineeta Sharma vs. Rakesh Sharma (2020):

Held That:
- Daughters are coparceners by birth
- Father being alive in 2005 not required
- Rights are retroactive
- Apply even if father died before 2005

Rule:
Each coparcener has equal share

Example:
Father + 2 sons + 1 daughter = 4 coparceners
Each share = 1/4

If Father Dies:
His 1/4 goes by succession, not survivorship
(Because he could have willed it)

For Succession Purpose:
1. Determine father's share
2. Through notional partition
3. That share goes by succession

Example:
Father (F) has Sons (S1, S2) and Daughter (D)
Grandfather's property

Step 1: Notional partition
F's share = 1/4 (as coparcener)

Step 2: F's 1/4 passes by succession
To wife, S1, S2, D equally = 1/16 each

Grandfather's Property: ₹1 crore

Coparceners: Father, Son1, Son2, Daughter
Share: ₹25 lakh each

Father Dies:
Father's ₹25 lakh goes by succession to:
- Mother: ₹6.25 lakh
- Son1: ₹6.25 lakh
- Son2: ₹6.25 lakh
- Daughter: ₹6.25 lakh

Final Holdings:
- Son1: ₹25L + ₹6.25L = ₹31.25 lakh
- Son2: ₹25L + ₹6.25L = ₹31.25 lakh
- Daughter: ₹25L + ₹6.25L = ₹31.25 lakh
- Mother: ₹6.25 lakh

Partition Definition:
- Division of ancestral property
- Each coparcener gets defined share
- Converts ancestral to self-acquired
- Ends joint ownership

Right to Partition:
- Any coparcener
- Cannot be denied
- Even one coparcener can separate
- Others may remain joint

1. Physical Division:
- Property actually divided
- Each gets specific portion
- Boundaries defined

2. Notional Partition:
- For tax/succession purposes
- Not actually divided
- Shares defined

Options:

Mutual Agreement:
- Family agrees on division
- Partition deed registered
- Most common method

Through Court:
- File suit for partition
- Court determines shares
- Court commissioner divides
- Used when disputes exist

Requirements:
- Partition deed on stamp paper
- Describe property clearly
- State shares of each
- Sign by all parties
- Register with Sub-Registrar
- Mutation in revenue records

After 2005 Amendment:
Daughters Have:
- Equal share as sons
- Right to demand partition
- Right to residence in property
- Right to become Karta
- Right to dispose their share

Important Point:
Marriage does NOT affect daughter's rights

Married Daughter:
- Retains coparcenary rights
- Share not affected by marriage
- Can claim equal share
- Rights same as brother

Situations Where Share Reduced:
- Partition happened before 2005
- Property already divided
- Father executed will (for his share only)

Cannot Be Denied:
- Her coparcenary share
- Even if married
- Even if living separately

Restrictions on Sale/Gift:
Coparcener cannot dispose:
- Without consent of other coparceners
- More than his own share
- To defeat other's rights

Exceptions:
- For legal necessity
- For family benefit
- Pious purposes

Valid Reasons to Sell:
- Medical emergency
- Debt repayment
- Marriage expenses (daughters)
- Legal expenses
- Education expenses
- Family maintenance

If Sold Without Consent:
- Other coparceners can challenge
- Sale of excess share voidable
- Only seller's share can be sold
- Buyer risks losing property

Father's Rights:
- Can sell for legal necessity
- Can sell ancestral property for value
- Cannot gift ancestral property
- Cannot will more than his share

Rule:
Only self-acquired portion can be willed

Example:
Property: ₹1 crore (ancestral)
Coparceners: Father, Son, Daughter (3)
Father's share: ₹33.33 lakh

Father can will only his 1/3 share
Other 2/3 goes to coparceners by right

Succession:
Father's share goes to:
- Class I heirs (wife, children, mother)
- Equally among them

Father Cannot:
- Will entire property away
- Disinherit coparceners from their share
- Give more than his share to outsider

Attempted:
- Will is void to that extent
- Coparceners' shares protected

After Partition:
- Defined share becomes self-acquired
- Can dispose freely
- Can will entirely
- No coparcenary restrictions

Buying Out Others:
- Purchase coparceners' shares
- Becomes your self-acquired
- Can deal freely
- Proper documentation needed

Tax Planning:
- HUF is separate tax entity
- Ancestral property can be HUF asset
- Income taxed in HUF
- Separate ₹2.5 lakh basic exemption

After Partition:
- HUF may be dissolved
- Individual ownership
- Individual tax treatment
- No separate HUF benefits

1. Share Determination:
- Who are coparceners
- What share each gets
- Treatment of improvements

2. Sale Challenges:
- Sale without consent
- Inadequate consideration
- Legal necessity disputed

3. Partition Issues:
- Unequal division
- Property valuation
- Excluded members

Options:
1. Family mediation
2. Lok Adalat
3. Civil court partition suit
4. Arbitration

□ Is property ancestral or self-acquired?
□ Who are the coparceners?
□ Has partition happened?
□ What is your share?
□ Has any sale occurred?
□ Are documents in order?
□ Any pending litigation?

Treatment:
- Nucleus must be ancestral
- Purchase becomes ancestral
- If coparcener contributes labor/skill
  - May reduce ancestral portion
- Documentation important

If Coparcener Invests:
- Construction on ancestral land
- May be entitled to compensation
- Or proportionate share
- Document investments

Special Rules:
- State laws may apply
- Ceiling limits
- Fragmentation rules
- Different succession rules in some states