CHANAKYA NATIONAL LAW

UNIVERSITY

FAMILY LAW-II
ROUGH DRAFT

CHANGES INTRODUCED IN THE CLASSICAL CONCEPT OF

COPARCENARY BY THE HINDU SUCCESSION ACT , 1956

SUBMITTED TO - SUBMITTED BY-

Dr. Pooja srivastav Abhinav Prasad

BBA.LLB (hons.)

Roll No. = 1605

INTRODUCTION

India has been a patriarchal society where women have been unfairly discriminated against.
This was reflected in laws like the Hindu Succession Act, 1956, which did not give women a
birth right in the joint family property under Mitakshara coparcenary. The Hindu Succession
Act was amended in 2005 with a view to re-affirm the equality granted to women under
Article 14 of the Constitution. The amendment provided daughters equal rights in
coparcenary property on birth, at par with sons. After the amendment, daughters have the
same rights and liabilities as sons. In case of a notional partition, daughters have been given
equal rights. Giving women rights in coparcenary property has made them secure
economically and has provided them stability. Symbolically also, women have been treated
equal to the men.
Coparcenary refers to equal inheritance that was restricted only to male members of the
Hindu Undivided Family. It is a narrow body of persons within a joint family. Coparceners
jointly inherit property and have unity of possession. Coparcenary means ‘A species of estate,
or tenancy, which exists where, land of inheritance descent from the common ancestor to two
or person.’ According to Merriam Webster Dictionary coparcenary means ‘Joint Heir ship’ or
‘Joint Ownership.’
Coparcenary is purely a creation of law that cannot be created by act of parties, except by
adoption. In order to be able to claim a partition, it does not matter how remote from the
common ancestor a person may be, provided he is not more than four degrees removed from
the last male owner who has himself taken an interest by birth.
The Hindu Succession Act 1956 is one of the living examples of the fact that laws are
patriarchal in nature. It gave women equal inheritance rights, at par with men. But the
daughters were not given a birth right in the ancestral property under Mitakshara
coparcenary.
CHAPTERISATION
● Introductio
● Coparcenary – the past
● Coparcenary- the present
● Coparcenary- the future
● Conclusion
SOURCES OF DATA

• The researcher focusses on obtaining information from both the available sources;
they are (1) primary sources of data, (2) secondary sources of data.

• Primary sources of data include first-hand information available, like case laws,
journals, district plan goals, etc. and secondary sources include magazines, journals, etc.

METHODS OF DATA COLLECTION

For the purpose of research work, the researcher has done doctrinal and non-doctrinal
research methods. In Doctrinal research method, the researcher has collected information
through library study, books and through surfing the web.

RESEARCH QUESTIONS
How the position of women in succession have changed after the commencement of the act?
How effective is act?