New Delhi: Disputes often arise in Indian society regarding the ancestral property of the joint family, which sometimes reach the court and go on for years. Now the Supreme Court of the country has given a historic decision, which has brought legal direction and clarity to such cases.
🔹 What did the Supreme Court say?
The Supreme Court said in clear words that: “Every co-heir (coparcener) of the family has equal rights on the ancestral property, whether he earns or not.”
This decision also made it clear that the head of the family (Karta) is only the administrator, not the owner. He has no special right to sell the property or deprive any member of the right.
🔹 What is the ancestral property of a joint family?
This is the property that has been inherited from ancestors and which is used by the entire family in common. This may include:
Ancestral house
Farms-barns
Shops
Land-property etc.
If a person inherits this property from father, grandfather or great grandfather and all the members enjoy it together, then it is called joint family property.
🔹 On which case did the Supreme Court give its decision?
In a state, a person claimed in the court that he is the main earning member of the family, so he has the first right on the property. But other members called it a complete joint property.
The matter reached the Supreme Court via the lower court and the High Court, where the court gave this historic decision.
🔹 Key points of the decision:
Head ≠ Owner:
The member who manages the family is only the administrator, not the owner.
Equal rights of all:
Son, daughter, wife, grandson-granddaughter will all be considered co-heirs.
Equal rights for women:
According to the Hindu Succession Act Amendment of 2005, daughters have the same rights as sons.
Rights not based on earnings:
Share in property does not depend on the income or contribution of the person, but on his being a co-heir.
🔹 Who will get the benefit?
This decision has brought relief to those:
Who were not given a share in the joint property
Where daughters were denied the right
Where a member claims himself on the entire property
Where the property is sold without consent
🔹 Who are coparceners?
The members who get rights in the ancestral property of a joint family are:
Father
Son / daughter
Grandson / granddaughter
Widow wife (in some special cases)
If a member dies, his children inherit his share.
🔹 What should be done now?
If you are a shareholder in the joint family property, then:
Get a legal document of division prepared
Get your name registered in all property documents
Do any deal only with the collective consent of the family
Seek legal advice in case of any dispute
📝 Conclusion:
Now it has become clear that every co-heir has equal rights over ancestral property, not just the breadwinner or the male. This decision of the Supreme Court not only strengthens the spirit of the Constitution, but is also an important step towards social justice. If you are also a part of a joint family property dispute, then this decision can become a legal shield to protect your rights.
