coparcenary
Under Mitakshara law the coparcenary traditionally consisted of the last male holder and three generations of male lineal descendants. Each coparcener acquires an interest by birth, can demand partition, and his share rises or falls with births and deaths in the family. The karta manages the property.
The 2005 amendment to s.6 of the Hindu Succession Act made a daughter a coparcener by birth, with the same rights and liabilities as a son. The Supreme Court has held that this right arises by birth, so it does not matter whether the father was alive on 9 September 2005; only partitions made before 20 December 2004 by registered deed or court decree are saved. A coparcener's interest now passes on death by succession, not survivorship.
Example
Since the daughter is a coparcener by birth under section 6, she can demand partition of the ancestral land even though her father died in 1999.
In Indian law
- Section 6, Hindu Succession Act, 1956 (as amended in 2005)
- Vineeta Sharma v. Rakesh Sharma, 2020 INSC 487: daughter is a coparcener by birth irrespective of whether father was alive in 2005
See also
Hindu undivided family · karta · mitakshara · partition
Read more in the study notes
- Kinds of accounts, opening an account, and special classes of customers (Banking Law)
- Lending by banks: principles, priority sector, securities, interest and penalty (Banking Law)
- Partnership: meaning, nature and existence (Contract II)
- Conveyancing principles and the sale deed (Drafting, Pleading and Conveyance)
- Power of attorney and will (Drafting, Pleading and Conveyance)
- Trust, partition, rectification and partnership deeds (Drafting, Pleading and Conveyance)