important to note the distinction between ancestral property and separate property. Property inherited by a Hindu from his father, father ... ancestral property. Property inherited by him from other relations were his separate property. The essential feature of ancestral property
opinion coparcenary
property means the property which consists of ancestral property and
a coparcener would mean a person ... male Hindu inherits property from his father, such a property
becomes ancestral in his hand as regards his son/sons
commentary clearly
shows that what is being discussed is the acquisition of
property by a coparcener with the use of the family stock ... that an equal division is here specifically
ordained; for in a partnership with a common stock, the
difference in the gains of each individual member
separate
property. All property which is not held in coparcenary is separate
property and Hindu law recognizes separate property ... alter the nature of the property.
The property all along continues to be coparcenary property. But upon the
birth
interest in the coparcenary
property and desires to blend hi-, separate property with
the coparcenary property. The existence ... property of a Hindu ceases to be a separate
property and acquires the characteristic of a joint family
or ancestral property
Ravi Narain Khanna was admitted to the benefits of that
partnership. The partnership firm owned two cinema houses-
Nishat Talkies, Kanpur and Novelty Talkies, Lucknow ... member of
an undivided family can blend her separate property with
joint family property.
The appellant, Pushpa Devi is a member
explained the
difference between joint property, a joint family property and a joint
ancestral property ... heads: (i) coparcenary property; and (ii)
separate property. Coparcenary property is again divisible into
(i) ancestral property
classes, namely, (1) joint family property; and (2) separate property. Joint family property may be divided according ... property is a species of coparcenary property. If a Hindu inherits property from his father, it becomes ancestral
itself, with regard to the respective incomes from separate properties and joint properties; and subsequent accretions are made from such ... landed estate or a specific investment, with the income of ancestral property, the corpus of the self-acquisition, which is easily distinguishable, becomes
property, and, in law generally bringing in any and
every property as HUF property is incorrect as there ... worked out in the case of
partnership accounts.‖
(emphasis supplied)
45. Consequently, a partnership property cannot be a Hindu Joint Family
Property
