Formation of Coparcenary: Mitakshara and Dayabhaga

Mr. Amit Guleria (Double Medalist; Gold and Silver)

Assistant Professor,
Dr. B.R. Ambedkar National Law University Sonepat
Email: amitdbranlu@gmail.com
 Concept of Coparcenary
The term ‘Coparcenary’ is used in terms of devolution of
property (succession).

JHF- A broader Unit.

Coparcenary- A narrower Unit.

Coparcenary = ‘narrower unit’ within the ‘broader unit’

Joint Hindu Family: There is no limitation of generations, it
can extend to any number of generations.
All the members have not gained birth right over the property
(adopted persons, wives).
Coparcenary: Four-generation Rule: within four generations
from, and inclusive of the eldest member of the family.
After the Amendment of 2005 in HAS, 1956 males as well as
females are getting birth right.
An illegitimate child is a member of Joint Hindu Family but
not a coparcener.
 GGF

Coparcenar GF
y
F
JHF
S

SS

SSS
Coparcenary (M)

A
A’s S D

A’s GS D

A’s GGS D
 Mitakshara and Dayabhaga Coparcenary
Mitakshara Coparcenary
1. Coparceners have birth right over
the coparcenary property.
2. There can be coparcenary between
father and his sons.
3. Coparcenary is not formed by way of
agreement.
Dayabhaga Coparcenary
1. There is no birth right over the ancestral
property.
Sons do not take any interest in the
ancestral property as long as the father is
alive.
2. There can be no coparcenary between the
father and his sons.
The brothers/sisters (persons of same
generation) constitute coparcenary after
the death of father in order to devolve the
property.
3. Coparcenary is constituted by way of
agreement only after the death of the father.
 Mitakshara Coparcenary Dayabhaga Coparcenary

4. The sons/daughters can demand a 4. They cannot demand a partition of

partition of Coparcenary property ancestral property from the father.
from the father.

5. Coparcenary is formed as soon as 5. Coparcenary is formed after the

a son/daughter is born. death of the father.
6. The essence of a coparcenary is 6. The essence of a coparcenary is
unity of ownership. unity of possession.
 Mitakshara Coparcenary
7. After the amendment of 2005 in
HSA, daughters are coparceners by
birth.
8. Share over the coparcenary
property is fluctuating.
Dayabhaga Coparcenary
7. The widow and daughter(s) can
constitute coparcenary after the death
of her husband and father of such
daughter(s).
8. Share over the ancestral property is
definite.