KSLU Corner™ New AIBE previous QP

coparcenary

English · koh-PAR-se-ner-ee · Family and succession

Meaning. The narrower group within a Hindu joint family who acquire an interest in joint family property by birth.

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

See also

Hindu undivided family · karta · mitakshara · partition

Read more in the study notes

← Back to the dictionary