Partition--Property Inherited Under Section 8 HSA--Heirs Take as Tenants-in-Common, No Question of Kartaship
Property inherited under Section 8 of the Hindu Succession Act, 1956 does not automatically acquire the character of coparcenary property, and descendants do not get a right by birth in such property, since the inheritance is individual and statutory. Heirs succeed as tenants-in-common with definite and separate shares, and the property devolves by succession rather than survivorship. The question of kartaship ordinarily does not arise merely because the property came from a paternal ancestor. Each heir can deal only with his or her own share, and a co-owner cannot act as karta to sell another\'s share on the ground of legal necessity.
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