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Concept Of Coparcenary Under Hindu Law

Coparcenary is a term used in matters related to Hindu succession laws. It refers to a person who has the capacity to assume a legal right in his ancestral property by birth. It means ' unity of title, position and interest'.It is purely a creation of laws and can't be created by the act of parties except by adoption. It is directly derived from the concept and practice of Hindu Undivided Family. The concept of Coparcenary originated from ancient Hindu jurisprudence and became an essential feature of Hindu laws.

Within Hindu laws, all the laws and provisions regarding the property and its rights have always been male oriented and are exclusively framed for the benefit of the men of the family while women are always considered submissive. Earlier in section 6 of the Hindu Succession Act, 1956, in which daughters were not having right over the property, the doctrine of survivorship was applicable which states that son are the Coparceners by birth but the property maintains the woman where they can become Karta of the family in certain cases.

Meaning of Coparcenary:

Coparcenary consists of a propositus that is a person at the top of a line of descent and has three lineal descendants- sons, grandsons and great grandsons.

Coparcenary property is named thus because the Co ownership is marked by unity of possession, title and interest. It is believed that the coparcenary is based on the Hindu tenet that only males up to three degrees can offer spiritual ministration to ancestors, and only males can be Coparceners. In other words, a coparcener has succession up to four degrees of linear descent.

Mitakshara Vs Dayabhaga Coparcenary

Point of Differentiation Mitakshara law Dayabhaga law
Foundation Foundation of coparcenary is first laid on the birth of Son Foundation of Coparcenary is laid on the death of the Father.
Inheritance Saphinda relationship is insisted ,where community of blood is preferred. Right to Inherit arises from Spiritual efficiency.
Acquisition Son do acquire right by birth ,by Survivorship Son doesn�t acquire right after birth ,but on the death of the father.
Right to Partition Son can claim partition or of account against the father. Father is the absolute owner of the property.
Nature It is orthodox school and followed through out India except Bengal and Assam It is reformed school and is followed in Bengal and Assam

Coparcenary vs Joint Family

Coparcenary Joint Family
In Coparcenary ,only male members are  considered to be members Both Male and Female are the members of the joint Family
In coparcenary ,upto 4 degrees of generation from the senior most male members are members of coparcenary There is no limitation of generation with regard to the membership of the Joint Family
It is a narrow body and includes only those persons who acquires right by birth and in exceptional cases, Adoption It is wider  in concept
Coparcenary comes to an end in the death of last coparcener  Joint Family will be there even after the death of Karta

Rights and powers of Coparceners:

He gets right in ancestral property by birth. As soon as a son gets birth in Coparcenary, he becomes Coparcener and gets his rights as Coparcener if he is within Four degrees from the common ancestor.

Right to survivorship:

All the Coparceners in the Coparcenary family have a right of survivorship in respect of the ancestral property.

Joint position ownership. Each coparcener is entitled to joint possession and enjoyment of the family property. If he is excluded from doing so, he can enforce the right by way of a suit.

Right to claim partition, Right to restrain unauthorized alienation, Right to impeach unauthorised alienation, Right to renounce. Right as to common enjoyment., Right to become karta are the other rights one coparcener can enjoy.

Women as Coparceners:

There have been drastic changes happened in the Coparcenary system. There has been the inclusion of a daughter in Mitakshara school. According to Hindu Succession Act,2005 ,a daughter can be a Coparcener of a coparcener. There are also constitutional provisions upholding homeless property right like the Article 1415 and 16 of the Indian Constitution. Section 6 of the Hindu Succession Act was the first step of women's right. It stated that. On and from the commencement of the Amendment Act 2005, the daughter of the Coparcener shall have a right on the coparcenary property by birth, just the way it is with son.

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