Concept of Coparcenary under Hindu Law
1. Introduction
Under Hindu Law, Coparcenary refers to a narrower body of people within a joint Hindu family, specifically under the Mitakshara school. It is a legal concept that governs inheritance and property rights among male members (and now also females, post-2005) of a Hindu Undivided Family (HUF).
2. Meaning of Coparcenary
A coparcenary is a legal entity consisting of a common ancestor and three generations of male lineal descendants (originally), who jointly inherit ancestral property. The coparceners have a birthright in the family property, unlike other members of a joint family who may not have this right.
Origin: The term is derived from the Latin coparcenarius, meaning "equal heir."
In Hindu Law: It refers to the joint ownership of property by a few members (coparceners) of a Hindu joint family.
3. Types of Property in Hindu Law
| Type | Description |
|---|---|
| Ancestral Property | Property inherited up to four generations of male lineage. |
| Self-acquired Property | Property acquired by a person through his own efforts. Not subject to coparcenary rights unless voluntarily blended. |
Only ancestral property falls under coparcenary.
4. Who is a Coparcener?
Under Mitakshara Law (which governs most of India except West Bengal):
Initially, only male members up to four generations (from the common ancestor) were coparceners:
Father
Son
Grandson
Great-grandson
However, The Hindu Succession (Amendment) Act, 2005, changed this significantly.
5. Key Features of Coparcenary
| Feature | Explanation |
|---|---|
| Birthright | A coparcener acquires an interest in ancestral property by birth. |
| Survivorship Rule (Mitakshara Law) | On the death of a coparcener, his share is divided among surviving coparceners. (Modified after 2005) |
| No Coparcenary for Females (Earlier) | Prior to 2005, women were not coparceners. |
| Right to Partition | Every coparcener can demand partition and seek separation of his/her share. |
| Right to Alienate | A coparcener cannot dispose of the joint family property without consent, except in specific circumstances (legal necessity, benefit of estate, or acts of indispensable duty). |
6. Amendment by Hindu Succession (Amendment) Act, 2005
Before 2005, only males were coparceners. The 2005 Amendment brought gender equality.
Key changes:
Daughters became coparceners by birth, like sons.
They have equal rights to demand partition and inherit ancestral property.
Applies retrospectively, even if the father died before 2005 (clarified by the Supreme Court later).
7. Important Case Laws
(1) Vineeta Sharma v. Rakesh Sharma (2020)
Facts: Dispute over whether daughters can claim coparcenary rights if the father died before 2005.
Held: Daughter is a coparcener by birth, and it is not necessary for the father to be alive on the date of the 2005 amendment.
Significance: Cemented daughters' equal rights in ancestral property, applying retrospectively.
(2) Prakash v. Phulavati (2016)
Facts: Daughter claimed partition after the 2005 amendment.
Held: Initially, the court said that the father must be alive as of 2005 for the daughter to claim coparcenary.
Later overruled by Vineeta Sharma.
(3) Danamma v. Amar (2018)
Held: Daughters had a right in the coparcenary even if the suit for partition was filed before 2005. Gave a pro-daughter interpretation.
8. Coparcenary vs. Joint Hindu Family
| Aspect | Coparcenary | Joint Hindu Family |
|---|---|---|
| Members | Limited to 4 generations of descendants (male + female post-2005) | Includes all members of the family (including wives, children, etc.) |
| Right by Birth | Yes | No (for non-coparceners) |
| Right to Demand Partition | Yes | No |
9. Termination of Coparcenary
Coparcenary can end in the following ways:
Partition – Legal or mutual division of property.
Conversion to another religion – A Hindu who converts loses coparcenary rights.
Marriage under Special Marriage Act – If a Hindu marries under this Act, he is deemed to have severed from the joint family.
Death of all coparceners except one – A single person cannot form a coparcenary.
10. Conclusion
The concept of coparcenary has evolved from a male-centric notion of property inheritance to a gender-equal system, especially after the 2005 amendment and key Supreme Court judgments. Today, daughters enjoy equal coparcenary rights, ensuring justice and fairness in property distribution within Hindu joint families.
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