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Coparcenary VOINT HEIRSHIP)
In Hindu law there are 2 types of property:
+ Self-oarned
+ Ancestral Property
+ Under Hindu law, where a person possesses an interest in ancestral or
coparcenary property, he is not the sole owner of it and his son,
grandson, great-grandson acquire a right by birth in this coparcenary
property (Only in Mitakshara school, not in Dayabhaga School)
+ Women have been introduced as coparceners under THE HINDU
SUCCESSION (AMENDMENT) ACT, 2005, the daughter has been given
this right(Section 6(1))
+ A single person cannot form a coparcenary. There should be at least
two members in an intergenerational relationship to start a
coparcenary.
+ person removed by more than four degrees from senior most member is
not a coparcener (4 generations including the senior most members
generation)
+ Those who are member of family ater 4" generation are members of joint
family. Joint Family stil 7® generation.
Fastholdet) F(dead) ——F(dead) (dead)
[Link] 5, Se)
5, s Ss dastholder) 5, (dead)
s 5 5 (st bolder)
5 S.
z | Ss
legitimate Son
+ An illegitimate son of a lineal male descendant is a member of the joint family but is
not a coparcener
+ If a partition takes place between the father and the sons, illegitimate son can be
allotted a share. (Gur Narain Das v. Gur Tahal Das, 1952)
+ The father can give an equal share to the illegitimate son. However after the death
of the father, if a partition takes place, the illegitimate son will get half the share of a
legitimate son.
+ Insane Person
+ An insane male member of the family is not a coparcener and his rights are
temporarily suspended till he recovers, but if a partition takes place, he has to be
alloted « share (Amirthemmal v. Vatonayl Amal, 2942)
Ouster From Coparcenary
+ Ceases to be member of joint family
+ Renouncement and conversion of religion
+ Gets married to a non-Hindu under the Special Marriage Act, 1954 —
But in both these cases his rights in the coparcenary property will not be
forfeited and he is entitled to take his share of the property.
