Hindu Coparcenary

It is narrow institution within the Hindu join

family
Consists of male members only( propositus and
three lineal descedants
Four generation rule in inheritance
Female are never considered as coparcenors in
early days
Rights of the Coparceners:
• He gets a right in ancestral property by birth.
(Adoption, adoption by widow- (relation back to death)
• Joint possession and ownership of property.(Common
enjoyment, joint liabilities, Maintenance)
• Right to survivorship-if one coparcener dies the
property gets divided among the rest.(F,S1,S2=1/3)
• Right to claim for partition of property.(fluctuating
interest, Minor)
• Right to become KARTA( head of family who takes all
the decisions).
• Right to acquire a separate property.(Salary, Inherit from
relations, gift, will, lottery etc)
• after death pass to legal heirs by inheritance)
• Right to alienate i.e. to give away his own property to any
stranger.(Sole surviving coparcener) unborn child
• Right of maintenance and other necessary expenses.
• Right to restrain improper acts.
• Right to account(family business, fraud or
misappropriation, partition claim).
• Right to renounce his share.
• Right to challenge an unauthorised alienation
Sole surviving coparcener is the who remains when all
coparcener die.
Minimum two male members are required to form
coparcenary.
Sole surviving coparcener is entitled to treat the coparcenary
property as his separate property.
He can dispose it of as he likes
Female members have right to maintenance from the property
After death of the sole surviving coparcener the property
devolves upon to legal heirs(there will not be concept of
survivorship)
Female right to maintanance will be carried along with the
property to the heirs
Illegitimate son not a coparcener.
Insane person not coparcener during insanity but eligible for
share in the property(can reopen partition) (sons not excluded)
Ouster from coparcenary
Conversion
Renouncing religion
Marrying under Special marriage Act to a non Hindu( he
cannot form coparcenary with his son)(Rosemarie v CWT,1970)
He is entitled to share in the property
A minor coparcener given in adoption ceases to be a
coparcener in biological family, in the adopted family he will
become coparcener.
Coparcenary within coparcenary
A W

S1 W S2 W

S1S S1D S2D

Coparcenary property:
• Two types of Mitakshara property:
• Unobstructed(Aprathibandha daya)
• Obstructed(Saprathibandha daya)
• Joint Family and Separate Property
• Two types of joint family property:
• Ancestral property and Separate property
thrown into the common coparcenary stock
State Bank of India v Ghamandi Ram (1969)
• Supreme court laid down the incidents of
coparcenary property:
• Devolution
• Nature of Interest
• Acquisition by birth
• Alienation by will
• Alienation by Gift
• Alienation by sale or mortgage
• partition