Coparcenary Meaning-Hindu Law: Every Coparcenary starts with a common Ancestor which after his death consists the collateral only. The natural persons farming for the time being the members of un an undivided Hindu family, fluctuate both by births and deaths in the family.A Coparcenary must be a family United and must process property. Every Coparcener Isar corporated 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.
A Coparcenary consists only 4 degrees from the point of common ancector
LOOK LIKE THAT :
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. Advise and Danish how one can eat Rakesh and Ravi Raju’s sun, demand partition, advise.
S o l u t i o n:
Ravi being in V degree generation of the common ancestor of the Coparcenary property he is not entitled to demand partition. See the following diagram
In the above diagram a is the common ancestor. His sons B and C Grand sons D and E and great grand son F, G and h 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. Honce I & J ping in the V degree, they are out of Coparcenary property.
Rights of Coparcenary :
- Right by birth
- Right by Survivrship
- Right right to joint possession And enjoyment
- Right to alienation
- Right to partition
- Right write two accounts, and
- Right to make self acquisition
E x a m p e l: 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 Aquarius 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
kids 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 | Coparcenary |
| 1 A joint Hindu family is unlimited both as to the number of parsons and the degree .eg, the remoteness of their decent form 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} |
1. Coparcenary is limited Only certain members of the joint family. It is limited 4 degrees only 2. Coparcenary Is limited only two meals. 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. |
