Coparcenary Under Hindu Law: Meaning, Members and Rights
Coparcenary is a fundamental concept under Hindu law relating to joint family property and inheritance. It determines who has rights in ancestral property and how such property is managed and divided.
๐ Introduction
Questions relating to coparcenary frequently appear in judicial service examinations. A clear understanding of its meaning, composition, and legal rights is essential for law students and aspirants.
This article explains the concept of coparcenary under Hindu law in a simple and exam-oriented manner.
โ๏ธ Meaning of Coparcenary
Coparcenary is a narrower body within a Hindu Joint Family. It consists of those members who acquire an interest in joint family property by birth.
Only coparceners have the right to demand partition and claim a definite share in ancestral property.
๐จโ๐ฉโ๐ง Who Are Coparceners?
Under Mitakshara Hindu law, the following persons are considered coparceners:
- Son
- Daughter (after 2005 amendment)
- Grandson
- Great-grandson
These members acquire rights in coparcenary property by birth itself.
๐ Coparcenary Property
Coparcenary property mainly consists of ancestral property and joint family property inherited from ancestors.
The ownership of such property is joint and fluctuating. The share of each coparcener changes with the birth or death of a member.
โ๏ธ Rights of Coparceners
1๏ธโฃ Right by Birth
Every coparcener acquires a right in ancestral property by birth.
2๏ธโฃ Right to Joint Possession
All coparceners have equal rights to possess and enjoy joint family property.
3๏ธโฃ Right to Demand Partition
Any coparcener can demand partition at any time and claim a separate share.
4๏ธโฃ Right to Alienation in Limited Cases
A coparcener may transfer his undivided share under certain legal conditions.
5๏ธโฃ Right to Restrain Improper Acts
A coparcener can restrain other members from misusing or wasting joint family property.
๐๏ธ Hindu Succession (Amendment) Act, 2005
The Hindu Succession (Amendment) Act, 2005 made daughters coparceners by birth, giving them the same rights and liabilities as sons.
This amendment strengthened gender equality and removed discrimination in property rights.
โ๏ธ Difference Between Coparcener and Member
| Basis | Coparcener | Member |
|---|---|---|
| Right in Property | Has birthright | No birthright |
| Partition | Can demand partition | Cannot demand partition |
| Share | Definite share on partition | No defined share |
| Example | Son, Daughter | Wife, Mother |
๐ Importance for Judiciary Exams
Coparcenary is a core topic in Hindu law. Questions are commonly asked on rights of daughters, partition, ancestral property, and powers of coparceners.
Understanding this concept also helps in solving problem-based questions in mains examinations.
๐ Conclusion
Coparcenary plays a vital role in regulating joint family property under Hindu law. It ensures collective ownership while allowing individual members to claim their lawful share through partition.
The 2005 amendment has further strengthened this institution by promoting gender equality.
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โ Frequently Asked Questions (FAQs)
1๏ธโฃ What is coparcenary under Hindu law? โ๏ธ
Coparcenary is a group of family members who acquire rights in ancestral property by birth.
2๏ธโฃ Who can become a coparcener? ๐จโ๐ฉโ๐ง
Son, daughter, grandson, and great-grandson are coparceners under Mitakshara law.
3๏ธโฃ Can daughters demand partition? ๐ฉโโ๏ธ
Yes, after the 2005 amendment, daughters can demand partition like sons.
4๏ธโฃ What is coparcenary property? ๐
It is ancestral or joint family property owned collectively by coparceners.
5๏ธโฃ Can a coparcener sell his share? ๐
A coparcener can transfer his undivided share under certain legal conditions.
6๏ธโฃ Why is coparcenary important for exams? ๐
It forms the basis of many questions on inheritance, partition, and property disputes.