8.2 Ancestral Coparcener and Personal Property

The three-property table (the litigation's daily bread): Type Source Incidents Ancestral property Inherited/coparcenary lineage property — the forefathers' acquisitions descending Coparceners' birth-shares; the manager's stewardship; partition's object par excellence Joint (joint- family) property The family's commonly-held acquisitions: joint-effort income, the family business, joint acquisitions The presumption of jointness — the burden on the separate-claimant Personal (self- acquired) property The member's separate acquisitions: own earnings, gifts/bequests to oneself, separate-property income The acquirer's own; excluded from partition (unless thrown into the common stock — the blended-fund proof questions) Coparcener — the person holding a birth-right in the joint-family property. Under the Code 2074's gender-neutral design: the children of the family — sons and daughters alike — and the wife; the child in the womb holding an inchoate share. The coparcenary's incidents: The share by birth — the day of birth, the share begins (the Nepali design: shares crystallize at birth, no survivorship — the classical mitakshara survivorship is not Nepal's rule; on death the share devolves by inheritance, Unit 9); The right to demand partition — the indefeasible demand: the family's refusal answerable by the court's decree; The right to alienate the undivided interest — the coparcener's transfer/mortgage of the expected share, of limited effect against the allotment; The right to account — the manager's fiduciary accountability (below); The equal-share rule —…