Mitakshara coparcenary is one of the Hindu law schools that governs the succession of
property in a Hindu family. The Mitakshara school of thought holds that the son, grandson,
and grandson's son have a right to the family property through birth. Where as a combined
Hindu family is an inescapable and basic idea in Hindu family law, which is today governed
by the Hindu Succession Act of 1956. It is quite frequent in Hindu society.
For a Hindu, it is a never-ending process; if it is halted in one generation due to partition, it
will re emerge in the next. This rule validates the premise that every Hindu family is a Joint
According to Rukhmabai v. Lala LaxmiNarayan
and Rajagopal v Padmini
, a family is
regarded to be a joint family if it is joint in concerns of food, worship, and estate.
Even if a family does not share food and worship, i.e. if they live separately, they are still
considered a Joint Hindu family if they share the estate. A Joint Hindu Family, as found in
the case of Chhotey Lal and Ors. v. Jhandey Lal and Anr
., is neither a business nor a juristic
person because it lacks an independent legal entity from its members. It is a unit that is
represented in all matters by the family's Karta.
A joint family, according to the Oxford Dictionary, is an extended family made up of two or
more generations and their spouses who live together in a single residence.
Likewise, the Hindu Joint Family consists of a common ancestor, his lineal male
descendants, and their wives, daughters, and so on. So. while a common ancestor is required
for the formation of a joint family, this does not imply that a common ancestor is required for
its continuation; rather, if a common ancestor dies, there is always an addition to the lower
link of the Family. So, just when an upper connection is lost, the Joint Family is not over.
The term 'Coparcenary' is used in Hindu succession law. It is a smaller division or
organisation inside a Joint Hindu Family that only deals with property issues, specifically the
coparcenary property of a Joint Hindu Family.
- Benaras School,
- Mithila School,
- Maharashtra School, and
- Dravida School are some of the schools in Benaras.
Coparcenary, as opposed to Joint Hindu Family, consists of all male lineal descendants of the
last holder of the property up to three generations. The coparcenary is made up of up to three
generations, namely son, son's son, and son's son's son, with the senior-most member
designated as the 'last holder.' There can be any number of male members in a given
generation. Every coparcenary member is linked to another via blood or legal adoption.
As stated in Sudarshan v. Narasimhulu
, it is a well-established law that no one can become a
coparcener through marriage or other arrangement to become a coparcener because
coparcenary is a legal formation. The Hindu Succession Act of 1956 prohibited the
appointment of any female members.
Who can be coparceners:
To begin a coparcenary, the presence of the senior-most male member is essential, just as it is
in a Joint Hindu Family. A coparcenary must have at least two male members in order to
establish and even survive. In a coparcenary, top links are removed and lower links are added
to the chain, just like in a joint Hindu family, as long as there are at least two male members
(coparceners), retaining the status of a joint family.
A male member born within three generations of the property's last holder (for a total of four
generations) immediately becomes a coparcener, i.e. it is a right by birth in the family property.
When does it comes to end ( termination)
The death of all male members of the family or the lone surviving coparcener, or the division
of the family, terminates the coparcenary.
- A coparcenary requires the presence of property. If a son acquires his father's property during his father's lifetime, that property is inherited as Joint family property by his
son after his father's death, and this is maintained in perpetuity.
- Prior to 2005, only men may be coparceners.
- A coparcener's insane son is also a coparcener, although he lacks the right to apply for
- Coparcenary property is subject to the rule of survivorship, which means that when a
coparcener dies, his part in the joint family property falls to the surviving coparceners
rather than following the law of succession. There is a variation in the number of
coparceners due to the constant addition and deletion of coparceners during birth and
- 'A,' for example, has two sons, B and C.
- They will each receive one-third of the share in the case of a division.
- If 'B' dies, the shares of 'A' and 'C' grow to one-half each, while 'B' is divided among
the remaining Coparceners.
- If 'A' has two more sons, 'D' and 'E,' and the estate is split among A, C, D, and E, each
will receive one-fourth of the estate.
- Coparcenary within a coparcenary can exist in the same way as many coparcenaries
can exist within various branches of a family.
Coparcenary under Mitakshara school of joint familyThe coparcener obtains a birth right to the property of the Joint Family, however the main
issue is that.The rate of interest at which they can be purchased will be erratic and
unpredictable. That is, until the divide in the middle is done.
The combined family's property portion will not be formed or determined. The interests of people will ebb and flow, and
Because birth and death might happen in the family, each person's share can be unpredictable
will have an impact.
The court ruled in Moro Vishwanath v. Ganesh Vithal that a partition could be claimed by
someone who is one more than four degrees removed from the acquirer, but not by someone
who is one more than four degrees removed from the last owner. This is due to the fact that
the coparcenary extends four degrees beyond the previous owner. The Court stated the
principle using the following examples:
Figure 1: Assume A, the original owner, and his lineal descendants, B (son), C (grandson),
and D (grandson) form a family (great-grandson). D has two sons, E and F, and E also has
For example, suppose B and C are killed in a car accident. E and F are still
unable to ask for
partition or sue their father for it.
If A dies, they can request partition as well because they are now coparceners.
Rights of coparcenersCoparceners have the following benefits
Everyone has the right to maintenance in a shared family property. Female
members, those who are disqualified from receiving a share of the family's income, and
unmarried daughters will all receive maintenance from the Joint family.
- Challenge Allination:
The right to oppose alienation refers to the transfer of property for
any legal reason or for the benefit of the estate. The coparcener, Karta, and single living
coparcener have the right to alienate the property in order to settle family debts or to meet
any other legal requirement of the Joint family.
The property will be forfeited if the above-mentioned person alienates it with
unlawful intent or without justification.
Classification of Mitakshara:
- Apratibandha Daya (unobstructed ancestry)
Is a trait acquired from a direct male ancestor but no more than three generations higher.
According to the ruling in Radha v Ram8, the property can be obtained by son and son's son
through the interest of birth. According to the notion, survival devolved heritage.
- Sapratibandha Daya (Obstructed Heritage)
Property inherited from any other relatives, such as a paternal uncle or brother, nephew, etc.,
According to Hindu law, the property is further partitioned as follows:
Joint Family Property:
Is an important aspect of Hindu Joint Families. The majority of
these characteristics are passed down from ancestors or ancestresses.
This property will be handled by individuals.
Hindu joint family:
It covers all family members, including all male relatives descended lineally up to any
generation from a common ancestor, as well as their mothers, wives, widows, and unmarried
- As stated in Surjit Lal Chhabda v. CIT. Until she marries, a girl remains a member of
her parents' joint family. When she marries, she joins her husband's Joint Hindu
- If the daughter's husband abandons her or she becomes a widow and returns to her
father's home permanently, she rejoins the Joint Hindu family. Her children, on the
other hand, stay in their father's Joint Hindu family and do not join the mother's
father's Joint Hindu family.
- In the case of Gur Narain Das v. Gur Tahal Das, it was decided that even an
illegitimate offspring of a male descendant is regarded a part of his Joint Hindu
The status of being a member of the Joint Hindu Family may be revoked in
the following situations:
- By becoming a member of a different religion or faith
- Marriage to a non-Hindu (a person who is not Hindu as per Section 2 of
Marriage Act, 1955 which include a Muslim, Jew, Parsi or Christian by religion).
- By capable parents placing their child for adoption with a third party.
- Because of a daughter's marriage.
If A and B are brothers, then C and D are A and B's wives. A Joint Hindu household consists
of four members.
If A and B are murdered in a car accident, C and D can carry on the Joint Hindu family if
either of them is pregnant with their husband's child or if they choose to adopt a male child.
KartaKarta can be any of the following members in the Joint Family:
Most Senior Male Member: According to Shreeama v. Krishavenanama
, the Senior Male
Member can be Karta and hold the Kartaship without the Coparceners' agreement or consent.
Junior Male Members: It was stated in Narendra Kumar v. Commissioner of Income Tax
that Junior Male Members With mutual understanding or consent among coparceners, males
can become Karta.
It was decided in the case of Investments (P) Ltd. v. Santokh Singh that the Junior
would not be permitted to file a lawsuit.
Harihar Sethi v. Ladu Kishore Sethi was pronounced by the Orissa High Court to be a junior
coparcener. A junior member can be Karta if the senior most coparcener waives his claim to
it. Karta transforms into Karta.
Female Member: It was discovered in the case of Pandurang v. Pandurang
might be Kartas. The adult male member has gone missing. In the matter of Commr. of
Income Tax v. Seth Govind Ram, it was decided. Women are not allowed to hold the position
of Karta, according to Hindu law. It's the bit where you say you're breaking the law.
Powers of Karta
Karta can be any of the following members in the Joint Family:
Most Senior Male Member: According to Shreeama v. Krishavenanama
, the Senior
Member can be Karta and hold the Kartaship without the Coparceners' agreement or
- The ability to manage
- The ability to contract debt
- The ability to represent16
- The ability to make contracts
- The ability to send a dispute to arbitration
- Recognition's Influence
- Power of alienation.
Differences between Hindu joint family and mitakshara coparcenaryTo begin with, the number of members of a joint Hindu family is unrestricted, as is the
distance of their descent from a common ancestor, whereas coparcenary is limited to only a
few members of the joint Hindu family.
Second, a coparcenary is limited to male family members who are within four degrees of the
common ancestor, whereas a joint family is unrestricted.
Finally, because coparcenary is a male-only institution, it comes to an end with the death of
the last surviving coparcener, whereas a joint family continues beyond his death. It's possible
that only women will be affected.
Fourth, while every coparcenary is a member of a joint family, this is not
always the case,
and not every joint family is a coparcenary.
Coparcenary idea under Hindu Law was mostly by the male member of the family where
merely children, grandsons and great-grandsons son who have a right by birth, who has an
interest in the coparcenary property.
No female of a Mitakshara coparcenary could be a coparcener but she would always be a part
of the Joint Family. So under Mitakshara a son, son's son, son's son's son can a coparcenary
i.e. father and his three lineal male descendants can be a coparcenery. Coparcenary and
combined Hindu family are not synonymous to each other. Joint Hindu family implies a big
institution which comprises of a common ancestor, his mother, wife, male descendants, their
wives, widows and unmarried daughters below to any degree. It is based on the sapinda
relationship of the members.
It is a creature of law, not of the act of parties. On the other hand coparcenary is a limited
body which comprises only those male members who have the right by birth in the ancestral
property and consequently, they enjoy the right to demand partition in such property.
There is no limit to number of humans who can constitute it nor to their distant from the
common ancestor and to their relationship with one another. The joint Hindu family is thus a
broader entity consisting of a group of members who are joined by the time of Sapindaship
originating through birth, marriage or adoption. The essential principle of Hindu joint family
The illegitimate sons of a coparcener are not the members of a coparcenary,
although they are
entitled to maintenance. Since they are not coparceners, they do not enjoy the
right to demand
partition. But after the death of the father such illegitimate sons can claim
partition and will
be entitled to equal portion.
When a coparcener dies under Mitakshara law, his interest is joined with the other
coparceners' interests. Only sons who were or who became coparceners inherited property.
When Section 6 of the Hindu Succession Act of 1956 went into effect, it largely preserved
this arrangement. It stated that if a male Hindu died after the Act went into effect, his stake in
a Mitakshara coparcenary would go to the surviving members of the coparcenary, not the
However, a caveat was added to protect female children's interests. It
stated that if the deceased had a Class I female relative (daughter, widow, mother, etc.) or a
male relative claiming via such female kin, the deceased's interest would pass to them by
testamentary (by will) or intestate (without a will) succession, rather than through