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Legal Definition of Coparcenary in Inheritance Law
- Coparcenary - Main points and insights:
- A coparcenary refers to a specific form of joint Hindu family property where coparceners are legal heirs with inherent rights from birth, sharing an interest in ancestral property (Sources: Birbal Saini VS Satywati - Current Civil Cases, Ashok Gangadhar Shedge VS Ramesh Gangadhar Shedge - Bombay, Ganesh Singh VS Widow of Shri Sibbaran Singh - Patna, Ganesh Singh VS Widow Of Sibbaram Singh - Patna, S.Shanthini Devi, D/o.V.Somasundaram vs V.Somasundaram, S/o.Late Vishwanathan - Madras, Jayamati Narendra Shah VS Narendra Amritlal Shah - Bombay, Uday Narendra Shah VS Narendra Amritlal Shah - Bombay, N. V. Pushpalatha VS V. Padma - Karnataka, Vasantha C. Kerur VS B. Basavaraj - Karnataka, Vasumathi vs R.Vasudevan - Madras).
- Coparceners share equally in inheritance and have a right by birth in the property, which is typically ancestral (Sources: Birbal Saini VS Satywati - Current Civil Cases, Ashok Gangadhar Shedge VS Ramesh Gangadhar Shedge - Bombay, Jayamati Narendra Shah VS Narendra Amritlal Shah - Bombay).
- The concept is rooted in Hindu law, particularly under the Mitakshara school, where coparcenary property is inherited through a succession process, and the property remains coparcenary unless there is a partition (Sources: Birbal Saini VS Satywati - Current Civil Cases, Ashok Gangadhar Shedge VS Ramesh Gangadhar Shedge - Bombay, Ganesh Singh VS Widow of Shri Sibbaran Singh - Patna).
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The definition of coparcenary is not explicitly provided in the Hindu Succession Act but is adopted from traditional Hindu law texts, emphasizing inheritance rights from a common ancestor (Sources: Vasumathi vs R.Vasudevan - Madras, Birbal Saini VS Satywati - Current Civil Cases).
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Analysis and Conclusion:
- A coparcenary is a joint property system involving legal heirs (coparceners) who inherit by birth from a common ancestor, with rights that are inherent and automatic.
- The status of coparcenary can be severed through partition, which must be proved in court; otherwise, the joint status presumes continued unity (Sources: Ganesh Singh VS Widow of Shri Sibbaran Singh - Patna, Ganesh Singh VS Widow Of Sibbaram Singh - Patna).
- The Hindu Succession (Amendment) Act, 2005, extended coparcenary rights to daughters, aligning their inheritance rights with sons, thus emphasizing equality among coparceners (Sources: Ashok Gangadhar Shedge VS Ramesh Gangadhar Shedge - Bombay, Vasantha C. Kerur VS B. Basavaraj - Karnataka).
- Overall, coparcenary is a legal concept derived from traditional Hindu law, characterized by inheritance from ancestors, joint ownership, and the right to partition (Sources: Birbal Saini VS Satywati - Current Civil Cases, Vasumathi vs R.Vasudevan - Madras).
References: - Birbal Saini VS Satywati - Current Civil Cases - Uday Narendra Shah VS Narendra Amritlal Shah - Bombay - Ganesh Singh VS Widow of Shri Sibbaran Singh - Patna - Ganesh Singh VS Widow Of Sibbaram Singh - Patna - S.Shanthini Devi, D/o.V.Somasundaram vs V.Somasundaram, S/o.Late Vishwanathan - Madras - Jayamati Narendra Shah VS Narendra Amritlal Shah - Bombay - Ashok Gangadhar Shedge VS Ramesh Gangadhar Shedge - Bombay - N. V. Pushpalatha VS V. Padma - Karnataka - Vasantha C. Kerur VS B. Basavaraj - Karnataka - Vasumathi vs R.Vasudevan - Madras
Search Results for "What is the Legal Definition of Coparcenary in Inheritance Law"
• India - Current Civil Cases
PURUSHAINDRA KUMAR KAURAV
(A) Property Law – Coparcenary property vis-à-vis ancestral property – By definition, ancestral property ... is a coparcenary property where “coparceners” are legal heirs with inherent interest in property from birth – Such properties remain ... multiple coparceners, each heir receives a proportional share based on number of coparceners – Conversely, property obtained through inheritance ... By definition, an ancestral property is a coparcenary prope....
2014 0 Supreme(Bom) 103 • India - Bombay
ROSHAN DALVI
determine inheritance and ownership rights. ... Property Act, 1937 - Coparcenary Property - Joint Hindu Family Property Fact of the Case: The plaintiff, son of the ... Ratio Decidendi: The court applied principles of Hindu succession, coparcenary property, and joint Hindu family property to ... Counsel on behalf of the defendant has also produced the Law Lexicon page 416 showing the definition of coparceners thus: ... “Coparceners. ... One who shares (equally) with others in inheritance#HL_E....
1985 0 Supreme(Pat) 25 • India - Patna
P.S.MISHRA
PARTITION - HINDU LAW - COPARCENARY - BURDEN OF PROOF - PRESUMPTION OF JOINTNESS - EVIDENCE OF SEPARATION - SUFFICIENCY - MAINTENANCE ... Whether there was a partition between the coparceners or the coparcenery had ceased to exist? 3. ... Court: The court found that the plaintiffs failed to prove that there was any partition between the coparceners or that the coparcenery ... Such a definition of shares standing alone cannot be regarded as sufficient evidence open to find contrary to the presumption in....
1985 0 Supreme(Pat) 266 • India - Patna
P.S.MISHRA
HINDU LAW - COPARCENARY - SEVERANCE - BURDEN OF PROOF - EVIDENCE ACT, 1872 - SECTIONS 35, 91, 92, 101 - PRESUMPTION OF JOINTNESS ... Whether the plaintiffs had proved that there was any partition between the coparceners and/or that the coparcenery had ceased to ... The court held that the plaintiffs had failed to prove that there was any partition between the coparceners and/or that the coparcenery ... Such a definition of shares standing alone cannot be regarded as sufficient evidence open to find cont....
2025 0 Supreme(Mad) 4395 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
(Paras 9-25) ... ... (B) Coparcenary property - Definition and characteristics of coparcenary ... The suit was dismissed as the deceased's properties are not coparcenary but self-acquired. ... ... ... Findings of Court: ... The court upheld the trial court's dismissal of the partition suit as the plaintiffs have no legal ... Hence, the plaintiffs come with the definition of coparceners. Paragraph No.23 of the above judgement says:- “23. Hindu coparcenary is a muc....
2014 0 Supreme(Bom) 102 • India - Bombay
ROSHAN DALVI
It is only a Hindu widow who gets the interest of her husband in the coparcenary or joint family property upon the death of her husband ... Only a person who would derive an interest by virtue of his/her birth in a family would become a coparcener, a coparcenery being ... Counsel on behalf of the defendant has also produced the Law Lexicon page 416 showing the definition of coparceners thus: ... “Coparceners. ... One who shares (equally) with others in inheritance in the estate of a common ancestor [Sec....
2014 0 Supreme(Bom) 1104 • India - Bombay
R.G.KETKAR
Fact of the Case: The Hindu Succession Act, 1956 (HSA) was amended in 2005 to confer coparcenary rights on daughters ... The earliest legislation bringing females into the scheme of inheritance was the Hindu law of Inheritance Act, 1929. This Act conferred inheritance rights on three female heirs, i.e. son's daughter, daughter's daughter and sister, thereby creating a limited restriction on the rule of survivorship. ... The earliest legislation bringing females into the scheme of inheritance....
2010 0 Supreme(Kar) 326 • India - Karnataka
N.KUMAR, A.N.VENUGOPALA GOWDA
The earliest legislation bringing females into the scheme of inheritance is the Hindu Law of Inheritance Act, 1929. ... It is a very narrow definition of partition. ... but also in the law of partition, alienation of property, inheritance and adoption. ... of inheritance by succession. ... This Act brought about revolutionary changes in the Hindu Law of all schools, and brought changes not only in the law of coparcenary#HL....
2015 0 Supreme(Kar) 400 • India - Karnataka
ANAND BYRAREDDY
Whatever rights the son has in the coparcenary property, by virtue of the amendment the daughter also has such right. That is the object behind the legislation i.e., to achieve equality in the right of inheritance. ... Similarly, the word partition used in the State Law is too wide and the Central law defines the word partition and giving it a narrow meaning for the purpose of Section 6. Again the said definition runs repugnant to the State law. ... It is a very narrow defini....
2024 Supreme(Online)(MAD) 40310 • India - High Court of Madras
N.SESHASAYEE, J
Hindu Succession Act does not bring in its own definition of coparcenery or ancestral property, but merely adopts the concepts as they are in the texts of Hindu law. ... Estate duty is a measure of taxation of property which comes to a person by inheritance. ... In India, in the case of a large number of people who are governed by mitakshara system of Hindu Law, there is no inheritance with respect, at any rate, to the joint family properties which are held by the families concerned. ....
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