THE DIFFERENCE BETWEEN COPARCENARY AND HINDU JOINT FAMILY By Gauri Bandre@LEXCLIQ

The concept of the coparcenary and Hindu joint family are two of the most important concepts as per our ancient school of thought which talks about the succession of rights and property.

Coparcenaries are those members of the family who have a right by birth or by legal adoption in the property of the joint family. In which it includes all the male members by birth + daughters (as per 2005, amendment). And Joint Family consists of the common ancestor and his lineal descendants which includes all male+ wives or widows+ unmarried daughters+ illegitimate sons. Every coparcenary is a part of a Hindu joint family but not all Hindu families are a part of the coparcenary. The difference between Joint Hindu Family(JHD) and coparcenary are as follow:

  1. Inclusion- In JHD, there are all-male lineal descendants, female members, widows, unmarried daughters, illegitimate sons. Whereas in coparcenary there are all-male born coparceners and daughters
  2. Generation- In JHD, there is no limitation for inclusion it includes all the members who came from a common ancestor. Whereas in coparcenary in includes the only total of 4 generations by birth male and daughters ( in which there is one last holder followed by first three generations)
  3. Property- In JHD, the property is not an essential element. Whereas in Coparcenary the whole reason for the existence of property.
  4. Continuance- JHD, continues till all members of the common lineage exist and until the female members add or exist in living. Whereas coparcenary continues till all the coparcenary members exist.
  5. Rights and interest- In JHD, rights and interests are determined according to the law of succession. Whereas in coparcenary the rights are determined by the rule of survivorship in which the surviving coparcener has wide right.
  6. In case of Death- in JHD, the rights are passed to either the widow or in that case sons, the daughter anyone. On the other hand, in case of the death of the last holder in coparceners, the generation is moved forward to the next one and in case of the death of any in-between coparceners, it is passed to any other surviving members.
  7. Ask for possession- In JHD, the survivors have no right to ask for possession but in coparcenary, the Members can ask and even claim their part if needed.

 

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