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Coparcenary (Hindu Law Notes in

By Dr. Y.Srinivasa Rao, Judge.

Coparcenary is a narrower body than the joint Hindu family and before the commencement of the Hindu Succession (Amendment) Act, 2005, only male members of the family used to acquire by birth an interest in the coparcenary property. A coparcener has no definite share in the coparcenary property but he has an undivided interest in it and it enlarges by deaths and diminishes by births in the family. It is not static, Rohit Chauhan v. Surinder Singh, (2013) 9 scc 419.  

Coparcenary Property — Means the property which consists of ancestral property and a coparcener would mean a person who shares equally with others in inheritance in the estate of common ancestor, Rohit Chauhan v. Surinder Singh, (2013) 9 SCC 419. 

Coparcenary, Survive, Survivor, Survi­vorship — Coparcenary is a narrower body than a joint family and consists of only those persons who have taken, by birth, an interest in the property of the holder for the time being and who can enforce a partition whenever they like. It commences with a common ancestor and includes a holder of joint property and only those males in his male line who are not removed from him by more than three degrees. The primary meaning of the word “survive” is to live beyond the life or extent of or to outlive; but it also has a secondary meaning namely, to live after, and as used in the phrase, “If either of my said sons should die without leaving a child which shall survive him”. The word “survivor” usually applies to the longest lives of two or more partners or trustees, and has been applied in some cases to the longest liver or joint tenants and legatees, and to others having a joint interest in any property, Sathyaprema Manjunatha Gowda v. CED, (1997) 10 SCC 684.  

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