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Understanding Lineal Descent in Coparcenary Law
In Hindu law, particularly under the Mitakshara school, the concept of coparcenary forms the backbone of joint family property ownership. Lineal descent plays a pivotal role, determining who acquires rights by birth in ancestral property. But what exactly does 'lineal descent in coparcenary law' entail? This blog breaks it down, drawing from key judicial interpretations to clarify how succession, survivorship, and modern amendments intersect.
Whether you're navigating a family property dispute or simply curious about Hindu undivided family (HUF) rules, understanding lineal descent helps demystify inheritance claims. Note: This is general information based on precedents; consult a lawyer for specific advice, as cases vary.
What is a Coparcenary in Hindu Law?
A coparcenary is a narrower body than the joint Hindu family. It includes only those who acquire an interest by birth in joint property—typically lineal male descendants up to the third generation from a common male ancestor. The incidents of a coparcenary are that the lineal male descendants upto the third generation, acquire by birth [
Search Results for "Lineal Descent in Coparcenary Law Explained"
1995 0 Supreme(SC) 17 • India - Supreme Court
K.RAMASWAMY, M.N.VENKATACHALIAH, S.MOHAN
— custom or special law displaces rule of succession by survivorship of hindu joint family - mutation in the name of one brother ... Meaning of adverse possession - pleading and assertion to prove hostile title - members of hindu family — renouncing right of succession ... The custom or special law displaces the rule of succession by survivorship of the Hindu joint fami....
1981 0 Supreme(SC) 401 • India - Supreme Court
A.D.KOSHAL, D.A.DESAI, R.B.MISRA
maintenance ) deed — held registration necessary — for non-registration in cannot be received as evidence of transaction affecting such property ... of the impartible estate was held in coparcenary as joint family property and became partible amongst the members once it lost its ... impartible, has, in the eyes of law, to be regarded as joint family property. ... His first contention is that the rule of lineal prim....
2020 4 Supreme 193 • India - Supreme Court
ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
– Section 6(1) recognises a joint Hindu family governed by Mitakshara law – Coparcenary must exist on 9.9.2005 to enable daughter ... (Paras 63 and 64) (E) Hindu Law – Creation of Coparcenary – It is not necessary to form a coparcenary or to ... family or that of coparcenary is a settled proposition of law – Mere severance of status by way of filing a suit does not bring ... woul....
1932 0 Supreme(SC) 19 • India - Supreme Court
SIR JOHN WALLIS, SRA DINSHAH MULLA, LORD SALVESEN, LORD THANKERTON, LORD BLANESBURGH
Hindu family. ... The Raj is ancient and ancestral, and it is impartible by custom, and succession to it is governed by the rule of lineal primogeniture ... The parties are governed by the Mitakshara school of Hindu law. ... which the Hindu law gives him of changing the mode of descent to his property. ... ; in other words, that the estate should descend, not as coparcenary, but ....
1982 0 Supreme(SC) 73 • India - Supreme Court
O.CHHINNAPPA REDDY, A.P.SEN, BAHARUL ISLAM
incidents of property under personal law - Held, It is policy of the law to prevent the land-working classes being driven into state ... re-grant, to holder for time being, which brought about a change in tenure or character of holding as watan land, affect other legal ... tiller of the soil is not deprived of his land except for valid consideration, or that partition effected between members of a family ... The right of a member of joint Hindu family#HL_END....
2022 0 Supreme(Mad) 413 • India - Madras
S.KANNAMMAL
claims a right of coparcenery he or she must prove that property in which he/she claims share is a joint family property or coparcenery ... it is undivided among family members - As already stated above property in question is not only not joint family/coparcenery property ... , in a Joint Hindu family, governed by the Mitaksh....
1993 0 Supreme(HP) 186 • India - Himachal Pradesh
DEVINDER GUPTA
HINDU LAW - Hindu Law - Ancestral property - Property of which gift was made by V did not come in his hands by way of inheritance ... his brothers - Even if it be assumed that it came to V by survivorship, even in that case, it cannot be considered as ancestral property ... in his hands qua his male issues - By virtue of being obstructed heritage it will be separate property of V, over which he had absolute ... and houses described in para 1-B of the....
2012 0 Supreme(Bom) 2326 • India - Bombay
ROSHAN DALVI
(xxvi) The incidents of a coparcenary are that the lineal male descendants upto the third generation, acquire by birth
1955 0 Supreme(Raj) 233 • India - Rajasthan
WANCHOO, RANAWAT, SHARMA
Schdl. 1, Part 1(a) Cl. 1, Condition (b)—Lineal descendant-Son whether of mother or grandmother. ... ... A son or a grand-son can be said to be a lineal descendant of his ... daughters of male members of an undivided Hindu family are members of the family though they may not be coparceners. ... Where the descent is by lineal consanguinity. one may call it a lineal descent, and the person so descending is a lineal ....
2019 0 Supreme(Kar) 2252 • India - Karnataka
K.S.MUDAGAL
three generations next to holder in unbroken male descent - Conception of joint Hindu family constituting coparcener is that of ... common male ancestor with his lineal descendants male line within four degrees counting from and inclusive of such ancestor or three ... family Hindu coparcener is much narrower body than joint family - It includes only those persons who acquire by birth an interest ... a cop....
1955 0 Supreme(Raj) 233 • India - Rajasthan
WANCHOO, RANAWAT, SHARMA
Sec. 25 of the Indian Succession Act, defines Lineal Consanguinity, while sec. 26 defines Collateral Consanguinity. Where the descent is by lineal consanguinity. one may call it a lineal descent, and the person so descending is a lineal descendant. ... Lineal Descent is defined as the descent of an estate from ancestor to heir in a right line. Reading these two together, lineal descent means desce....
1937 0 Supreme(Nagpur) 119 • India - Nagpur
VIVIAN BOSE
Golapchandra Sastri also deals with this in his Treatise on Hindu Law, Edn 7, p.339. Therefore it is clear that under the English law descent is one step at a time and that the issue of the coparcenary do not step in until one of the coparceners dies. ... Thakar Singh, 1908 35 ILR(Cal) 1039 at p. 1045. where they say: ... Unless the lands came to Dhanna Singh by descent from a lineal male ancestor in the male line,.....the; are not deemed ancestral in Hindu law. ... T....
2022 0 Supreme(Del) 755 • India - Delhi
AMIT BANSAL
line of the descent: Provided that no member of this class shall inherit if any male descendant between him and the deceased is alive: Provided further that the son or sons of a predeceased son howsoever law shall inherit the share which would have devolved upon the deceased if he had been then alive ... Therefore, Mitakshara Hindu Law relating to ancestral/coparcenary property and other provisions of Hindu Succession Act are not applicable. Hence, the present suit filed by the plaintiff is barred in terms of Section 50 ....
1902 0 Supreme(SC) 3 • India - Supreme Court
LORD MACNAGHTEN, LORD LINDLEY, SIR FORD NORTH
Apart from custom, the High Court was right in ruling that where an estate descends to a single heir then by the Mitakshara law descent follows the rule of lineal primogeniture. ... Jollys Tagore Law Lectures, 1883, p. 172, end of 1st para, rightly sums up the law of succession. The same principle applies under the Dayabhaga system. "When a family custom of descent to a single heir is proved to exist, the custom so proved supersedes the general law. ... from whom #HL_....
2003 0 Supreme(Guj) 270 • India - Gujarat
K.M.MEHTA, R.K.ABICHANDANI
The words "lineal descendants" occurring in clause (c) of sub-Section (1) of Section 34 would mean persons in the direct line of descent of the deceased such as child or grandchild as contrasted with a collateral descendant. ... Wives of lineal descendants would obviously not be lineal descendants of the deceased. ... Duty Act, 1953 which provided that the value of the benefit accruing or arising from the cesser of a coparcenary interest in any joint family property governed by Mitakshara school of Hind....
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