COPARCENARY by VANDANA YADAV

COPARCENARY:

Coparcenary is a narrower institution within a joint Hindu Family comprising only of Male members. Before 2005, only male members could be a coparcenary but things changed after 2005. Daughters were allowed to be a coparcenary after 2005. Coparcenary is a term often used in matters related to the Hindu succession law, and coparcener is a term used for a person assumes a legal right in his ancestral property by birth. To understand this better, we have to first understand the term Hindu Undivided Family .
According to the law, an HUF is a group of people, who are the lineal descendants of a common ancestor. This group would include the eldest member and three generations of a family, and all these members are recognised as coparceners. According to the law, all coparceners acquire a right over the coparcenary property by birth, while their share in the property keeps on changing with new additions into the family. Apart from Hindus, people from other religions such as Jainism, Sikhism and Buddhist are also governed under HUF. It must be noted here that coparcenary applies on both ancestral as well as self-acquired property. However, unlike ancestral property where all coparceners have equal rights over the property, a person is free to manage his self-acquired property through a will.
Every Coparcener is a corporate body and is purely a creature of law.
Therefore kama if a person inherits property from his father grand-father are great- Grand- father, his son, grandson and great grandson acquire the interest if it by birth and they become the joint owners of the Coparcenary property with a right to demand petition of the sum and all of them are Coparcenary and constitute a Coparcenary. A Coparcenary is limited to 4 degrees from the holder of the property.
For example: Ravi was a common ancestor in a Coparcenary property. Ravi had two sons Sunil and Ramesh. Sunil and Ramesh had one son each, Sai Kumar and Sai Kiran. Ravi being in V degree generation of the common ancestor of the Coparcenary property he is not entitled to demand partition.
Coparcener meaning Hindu law :
A is the common ancestor. His sons B and C , Grand sons D and E and great grand son F, G and H consist a Coparcenary family. I and J great Grand sons of A do not from the part of Coparcenary . The Coparcenary conceits from the point of common ancestor. Hence, I & J ping in the V degree, they are out of Coparcenary property.
RIGHTS OF A COPARCENARY:
Right by birth, Right by Survivrship , Right to joint possession And enjoyment, Right to alienation, Right to partition., Right to write two accounts, and Right to make self acquisition.

EXAMPLE:
A Coparcenary consists A the ancestor and his son. B, C and D.There are joint Hindu family properties- x. D goes to another City for job or business. D has two son- G and H. D acquires properties- Y. Here D’s this is not joint family continues with his son. Therefore one Coparcenary is in existence another Coparcenary . In the partition of X, D get 1/4th share. In the partition of Y ,D gets one by third 1/3rd share in the partition of X and Y,G gets one by third 1/3rd share in Y properties, and one by third 1/3rd share of One by fourth 1/4th share of {D} in X properties
Joint Hindu Family vs Coparcenary
Joint Hindu Family
1 A joint Hindu family is unlimited both as to the number of persons and the degree .eg, the remoteness of their descent from common ancestor
2.The Joint Hindu family does not show any difference between males and females
3 .A joint Hindu family shall continue even after the death of the male/karta and consisting only females.
4.Every joint family is not a Coparcenary
5.The membership of joint Hindu family is acquired by birth or by {marriage wife, daughter-in-law}
Coparcenary
1. Coparcenary is limited Only certain members of the joint family. It is limited 4 degrees only
2. Coparcenary Is limited only two males That too for four degrees.
3. A Coparcenary may come to an end with the death of the last Coparcenary are the sole surviving Coparcenary
4.Every Coparcenary is a joint Hindu family
5. The membership of Coparcenary can be of obtained only by birth or in exceptional case of adoption of son’s.

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