By Y.Srinivasa Rao, M.A (English Lit.)., B.Ed., LL.M., Research Scholar in Law of Torts., Principal Senior Civil 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: (2013) 4 SCC (Civ) 377.
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) 4 SCC (Civ) 377.
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
RECENT CASE – LAW :
- Coparcenary property is the one which is inherited by a Hindu from his father, grand father or great grand father. The property in coparcenary is held as joint woners. See. Vineeta Sharama Vs. Rakesh Sharama, AIR 2020 SC 3717, (2020) 9 SCC 1.
- Joint family – Joint family property when separate and when coparcenary. See. Sheela Devi v. Lal Chand, (2006) 8 SCC 581.
- Coparcenary property – Meaning. See. Rohit Chauhan v. Surinder Singh, (2013) 9 SCC 419
- Family Property, Succession and Inheritance : Karta/Manager : Alienation of Property. See. Arshnoor Singh v. Harpal Kaur, (2020) 14 SCC 436
- Gift of coparcenary property. See. Thimmaiah v. Ningamma, (2000) 7 SCC 409
- Joint family and coparcenary – Relevant features of. See. State of Maharashtra v. Narayan Rao, (1985) 2 SCC 321.
- Alienation of coparcenary property – Gift – Mitakshara law – Gift. See. Thamma Venkata Subbamma v. Thamma Rattam …, (1987) 3 SCC 294.
- Doctrine of Blending – Doctrine of blending explained. See. Mallesappa Bandeppa Desai v. Desai Malla …, (1961) 3 SCR 779.
- Mitakshara coparcenary and joint family – Distinction between. See. Hardeo Rai v. Sakuntala Devi, (2008) 7 SCC 46.
- Hindu widow has coparcenary interest. See. CED v. Alladi Kuppuswamy, (1977) 3 SCC 385