COPARCENARY is a important word this word comes is connected Hindu succession act.
It is borrowed from common law.
Coparcenars are the asscendent line from the hindu family which is Dayabagha and Mitakshara school.
It refers to a person who has the capacity to assume a legal right in his ancestral property by birth.
A Hindu joint family consists of lineal descendants of a common ancestor. In other words, a male head and his descendants, including their wives and unmarried daughters. A coparcenary is a smaller unit of the family that jointly owns property. A coparcenary consists of a ‘propositus’, that is, a person at the top of a line of descent, and his three lineal descendants — sons, grandsons and great-grandsons. Coparcenary property is named thus because the co-ownership is marked by “unity of possession, title and interest”.
HISTORY
The concept of coparcenary originated from ancient Hindu jurisprudence and became an essential feature of Hindu law. Within the Hindu laws, all the laws and provisions regarding the property and its rights have always been male orientated. They were exclusively framed for the benefit of the men of the family while women were always considered submissive.
HINDU FAMILY
In the Mitakshara school, which prevails in most parts of India, a male’s right to be a coparcener is by birth. But if a newborn male is the fifth lineal descendant — that is a great-great-grandson, while the common ancestor, his son, grandson and great-grandson are alive — the right to be included in the coparcenary will ripen only when the common ancestor dies.
Hindu undivided family or a Hindu joint family is an extended family arrangement where every member is a lineal descendant of a common ancestor. This family includes a common ancestor who is generally the eldest and three generations of his descendants. This practice can also be seen in Jainism, Sikhism and Buddhism.
In other words, a coparcenary has succession up to four degrees of lineal descent.
It is believed that this is based on the Hindu tenet that only males up to three degrees can offer spiritual ministration to ancestors. And only males can be coparceners.
In Dayabhaga School the concept of coparcenary comes into the existence for the first time on the death of the father when the son inherits their father property. It cannot consist of four generations. The concept of coparcenary based on the notion of death right.
It means that only after the death of the last holder i.e. father, the son inherits their father’s property.
CONCLUSION
There is a need to create social awareness and to educate people to change their attitude towards the concept of gender equality. The need of the hour is also to focus attention on changing the social attitudes in favour of equality for all by enacting a uniform law.
Everyone must be aware of the lineal asscendent and every family does not have same rules .But,law is followed by all ,its dynamic but is same almost.
