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Showing contexts for: common source in Ranjit Singh vs Gurmukh Singh & Ors on 11 January, 2016Matching Fragments
[17]. Learned counsel for the appellant sought to argue that the property in the hands of defendant No.1 was joint Hindu family coparcenary property and therefore, alienation made by defendant No.1 in favour of defendant No.2 could not have been made by him without any legal necessity and for bona fide purpose on the ground that plaintiff-appellant has a birth right in the ancestral property. Property in the hands of manager cannot always be deemed to be coparcenary property unless it is shown that the said property had been descended from common ancestors i.e. father, grand-father or great grand father. If the property is inherited from any other source that will not be deemed to be a coparcenary property. [18]. A joint family property and ancestral property in common parlance is known as coparcenary property. Separate property cannot be treated to be coparcenary property. Joint family property i.e. coparcenary property is the property which is inherited from common ancestors. In such property every co-owners had a joint interest and joint possession. The attribute of coparcenary and joint Hindu family property devolves by survivorship and not by succession. The propositions of succession are to be understood in the light of various provisions of Hindu Succession Act wherever they are applicable. In joint family property/coparcenary property, the male issue of coparceners acquires an interest by birth. In case of a Hindu separate property, no other member of coparceners acquires any interest by birth. A Hindu even if living in joint family may possess separate property which he can sell in any manner. On death of Hindu such property passed over to his heirs by succession and not by survivorship. Doctrine of blending is not uncommon in India. Any property which was originally separate or a self acquired property of a member of joint family or a coparcener may become joint family property if it is voluntarily thrown by such member into common pool with an intention to abandon separate claim over such property. For that a clear intention of waiver of separate right by such member for such property is the necessary requirement which has to be established. There is exception to this rule that the property hold by Hindu family has a limited owner which cannot become joint family property or coparcenary property by operation of coparcenary blending.