Coparcenary Meaning: Rights & Key Features in Hindu Law Explained

In Hindu law, coparcenary plays a crucial role in determining property rights within a Hindu Undivided Family (HUF). Traditionally, this system allowed only male descendants up to the third generation to inherit and manage ancestral property. However, with the landmark 2005 amendment to the Hindu Succession Act, daughters have gained equal rights, marking a significant shift towards gender equality in inheritance laws. Understanding the meaning of coparcenary, its evolving features, and its impact on family inheritance is essential to grasp its modern relevance. This blog explores the concept of coparcenary in detail, including its key characteristics, rights of coparceners, and the difference between coparcenary and the Hindu joint family.

Meaning Of Coparcenary (Updated With 2005 Amendment)

The term coparcenary is used in Hindu law. In Hindus, there are Hindu undivided families, and coparcenary is derived from it.

• Coparcenary is a legal system in Hindu law where a family’s ancestral property is divided among male and female descendants. Traditionally, it included only male descendants up to the third generation. However, the 2005 Amendment allows daughters to also become coparceners, giving them equal rights to ancestral property.
• Key Feature: Coparcenary gives the right to inherit and manage ancestral property to the descendants of the original ancestor.

Here is the meaning of Coparcenary in simple terms with a chart and explanation, based on the updated amendments:

Chart Of Coparcenary (According To Updated Amendments)

Key Points (According To Updated Amendments)

1. Ownership Rights: Coparcenary gives both male and female descendants (since the 2005 Amendment) equal rights to ancestral property.
2. Descendants Included: The system includes male and female descendants up to the third generation. This includes the father, his children (sons and daughters), and his grandchildren (sons of sons).
3. 2005 Amendment: Daughters have equal rights as sons in the coparcenary, and they are considered coparceners.
4. Exclusion of Later Generations: Descendants in the fourth generation and beyond are not included in the coparcenary.

The 2005 amendment has made significant changes by ensuring gender equality in inheritance and property rights, allowing both sons and daughters to have equal shares in the coparcenary.

Also Read : Daughter's Rights in Ancestral Property

Coparcenary Under Mitakshara And Dayabhaga School

Also Read : Difference Between Mitakshara And Dayabhaga

Characteristics Of Coparcenary

The following are essential features of a coparcenary:

Property: There is some joint family property which is acquired by one Hindu and inherited further in the family.

Includes males: Traditionally in coparcenary, there are only males. An illegitimate son is not included as a coparcener.

Four-generation rule: It means that males within the four generations form a coparcenary. There is no one else allowed.

Interest by birth: Coparceners get an interest in the property right from their birth.

Rule of survivorship: The name explains the rule itself. This rule is applicable when a coparcener dies and his interest in the joint family property passes on to the coparceners who survive him.

• For instance, M has 2 sons: R and S. If S dies, his property will vest in R and M.
• If R also has 2 sons: A and B, then the property will be divided in 4 parts between R, M, A and B.

Coparcenary within a coparcener: A Hindu joint family can consist of different coparcenaries within it.

Difference Between Coparcenary And Joint Family

Rights Of Coparceners

These are the rights that a coparcener gets:

1. Possession of property among coparceners: All coparceners enjoy equal rights on the common property. They have equal rights and powers to use the property jointly owned by the family.
2. Shares of coparceners: The rule of survivorships is followed by coparceners. As per this rule, the share of coparceners fluctuates based on birth and death in the family.
3. Maintenance right: A coparcener can get maintenance from the family. He is maintained using the family property.
4. Preventing improper use: The Coparcener has the power to restrict misuse of the coparcenary property.
5. Right to demand partition: Coparceners have the right to demand partition if they want to separate themselves from the family.

Women As Coparceners

Under the Hindu Succession Act, only males were considered a part of the coparcenary. Women could inherit the property, but they were not considered coparceners. This was modified by the Hindu Succession Amendment Act, of 2005. This allowed women to become coparceners. Daughters were given the same rights and obligations as a son. This was done through Section 6 of the Hindu Succession Act.

Case laws On Coparcenary

Prakash vs. Phulavati (2015)

Through this case, the Supreme Court resolved doubts on the application of the Amendment Act of 2005. Here, the Court held that the amendment would apply prospectively. It means that the amendment will be applicable only in cases where the father is alive on the date when the amendment was enforced.

Vineeta Sharma vs. Rakesh Sharma (2020)

This landmark case overruled the above case. In this case, the Apex court decided that the amendment by the way of section 6 of the Hindu Succession Act gives daughters the status of coparceners. This applies to daughters born either before or after the amendment. Meaning that the amendment would apply retrospectively.

Conclusion

The concept of coparcenary has evolved over time. From not recognising women to giving them the right to act as coparceners show that it is a progressive law. It offers gender equality, economic freedom and autonomy to females in Hindu families. Coparcenary is a traditional concept which combines changing social needs with our family inheritance.

FAQs

Q. Who is a coparcener ?

A coparcener is a person who gets the right to their ancestral poetry. The three generations of the oldest members are included in it.

Q. Can a daughter become a coparcener?

Yes, after the amendment act of 2005, daughters whether married or unmarried can become coparceners.