Joint Family and Coparcenary under Hindu Law
Joint Family and Coparcenary under Hindu Law
1. Hindu Joint Family
A Hindu Joint Family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters.
It is a larger family unit living together and sharing property.
The family has a common ancestor and is governed by the Mitakshara or Dayabhaga school of Hindu law.
2. Coparcenary
A Coparcenary is a sub-part of the joint family, specifically a group of persons who have a birthright to ancestral property.
Traditionally, it includes the male members of the family up to four generations:
Father, son, grandson, great-grandson.
Coparceners have the right to demand partition and have joint ownership by birth.
3. Differences between Joint Family and Coparcenary
| Feature | Joint Family | Coparcenary |
|---|---|---|
| Definition | All persons descended from common ancestor | Subset of joint family; male members with birthright |
| Members | Includes females, married daughters, wives | Only male members by birth |
| Property Ownership | Includes joint family property | Ancestral property |
| Right to Property | Members have interest but not by birth | Coparceners have birthright and can demand partition |
| Formation | By relationship and cohabitation | By birth |
4. Key Features of Coparcenary
Right by Birth: Coparceners get rights to property by virtue of birth.
Interest in Property: They have an undivided interest in ancestral property.
Right to Demand Partition: Coparceners can ask for the family property to be divided.
Karta: The eldest male coparcener manages the family affairs and property.
5. Important Changes by the Hindu Succession (Amendment) Act, 2005
The amendment granted daughters the status of coparceners in the joint family.
Now, daughters have the same rights and liabilities as sons in ancestral property.
6. Example
Mr. Sharma has a joint family with his sons and grandson. All male members are coparceners with a birthright to ancestral property.
If Mr. Sharma dies, the property passes to these coparceners.
They can demand a partition or share in the family property.
7. Case Law
Hindu Law Cases have repeatedly upheld the rights of coparceners to claim partition and share in ancestral property.
For example, Vineeta Sharma v. Rakesh Sharma (2020) clarified that daughters are coparceners by birth.
8. Summary
| Term | Meaning |
|---|---|
| Joint Family | Larger family unit of all lineal descendants |
| Coparcenary | Subset of joint family male members with birthright |
| Property Rights | Joint family property (all members); ancestral property (coparceners) |
| Rights | Coparceners have right by birth and to partition |
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