When you read Hindu law, you get to know about different types of property and this leads to the confusion in mind. So, we are going to discuss about all the properties to get clarity. Generally there are two types of properties:
1. Coparcenary property or Joint Hindu family property – The joint family property is also called Coparcenary property. The coparceners have the right to alienate or dispose this property. This property is jointly held by the members of the joint Hindu family or Hindu Undivided Family (HUF) who have lineally descended from the common ancestors including their wives and daughters in possession and they have common interest in it like maintenance etc.
Before 2005, unmarried daughters were the members of HUF but married daughters were not. Unmarried daughters as a member can only get right to residence and maintenance in this property and cannot demand share in this property. Daughters regardless of their marriage were not the coparceners in HUF property. Coparceners were the male members of the family which can demand partition in the property and can get equal share in that property. Daughters can only get share out of father’s coparcenary share allotted to him on partition, whether before or after death, in case of intestate succession. After 2005, daughters also became the coparceners in this property equally as sons.
Coparcenary property is again divisible into two types:
(a) Ancestral property – As per Supreme Court in R.Virupakshaiah vs. Sarvamma & Anr.[1], Ancestral property is inherited up to four generations of male lineage and should have remained undivided throughout this period.
(b) Property which is not Ancestral – This property consists of property acquired with the aid of ancestral property and property acquired by the individual coparcener without such aid but treated by them as property of the whole family.
2. Separate or Self- Acquired property – Self- acquired property is the one which is acquired by a person through his own money or by way of gift. A person can gift, transfer or alienate this property during his life.
This property gets devolved onto heirs through two modes:
(a) Testamentary Mode – In this mode, the property is transferred to the heirs through will as per the wishes of the owner of the property after his death.
(b) Intestate Mode- In this mode, the property is transferred to the wife, children or other relatives of the person after his death without will.
It is settled law that ancestral property can only become an HUF property if it is inherited before 1956, and such HUF property therefore which came into existence before 1956 continues as such even after 1956 or HUF property can come into existence if after the year 1956, a person throws his property into common hotchpotch and consecutively HUF is created. If the person inherited property after 1956, on the death of the father and there was no HUF existing at that time then, the property will become self- acquired not HUF although the property is ancestral as held in Dr. Suraj Munjal vs. Chandan Munjal & Ors. on 30th January, 2018.
[1] Civil Appeal No. 7346 OF 2008, held on 17 December, 2008