According to Hindu law there are two types of Property :-
1. Self earned
2. Ancestral
Coparcenary is a term used in matters related to Hindu Succession Law. It refers to a person who has the capacity to assume a legal right in his ancestral property by birth.
The concept of coparcenary is totally related to ANCESTRAL PROPERTY. under Hindu law where a person posses interest in ancestral property or Coparcenary property, he is not the sole owner of that property his son, Grandson and Great Grandson acquire right by birth in his Coparcenary property.
Joint family vs coparcenary
The membership of Joint Hindu Family is acquired by birth , adoption or by marriage and consists of all persons literally descended from a common ancestor and their wives and unmarried daughters upto seven generations. To form a joint family there is no need of any Ancestral property. But ancestral property is the basis of coparcenary.
A Coparcenary is much narrower body and it includes only those persons who acquired by birth or in exceptional case adoption by sons. 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. Unlike the Joint Hindu Family, coparcenary consists of all male lineal descendants up to three generations from the last holder of the property. Senior-most member is called the ‘last holder’ and from him up to three generations i.e. son, son’s son, and son’s son’s son constitute the coparcenary. A single man cannot form a coparcenary. There should be atleast two generations to form a Coparcenary. Every coparcenary is a part of a joint family but not vice versa.
Role of Women in Coparcenary
Earlier female were neglected in the concept of coparcenary . No female was eligible to be considered as a Coparcener. Women have been introduced as coparcener under THE HINDU SUCCESSION (AMENDMENT) ACT 2005. but only daughters has been given this right. Women who became part of family by marriage or adoption are not considered competent to be coparcener.
Illegitimate child in coparcenary
An illegitimate child of a male descendent is a member of joint family but is not a coparcener. However if partition takes place between the father and son, illegitimate son can be alloted a share. ( Gur Narain vs Gur Tahal case 1952) .
Insane person
An insane member of a family is not coparcener and his rights are temporarily suspended till he recovers but in case of partition he is entitled to get a share. (Amirthammal vs Vallmayil Ammal, 1942) .
Ouster from coparcener
As joint family is must to form a coparcenary. So in order detach from Coparcenary a person can renounce his membership of a family.
Ways to renounce membership
1. Conversation of religion
2. Marriage to a non hindu
A person can get his share even if he is not a part of coparcenary.
