Understanding the Coparcenary System in Hindu Law

INTRODUCTION

In Hindu Family Law, coparcenary governs family property and inheritance within a specific lineage of male descendants. Coparcenary involves joint ownership where property is collectively held by male descendants from a common ancestor. This group, called coparceners, includes sons, grandsons, and great-grandsons with an inherent right to family property by birth. Unlike general joint family property, coparcenary property is limited to direct male descendants from the common ancestor.

The system of coparcenary, rooted in the ancient Hindu law of Mitakshara, emphasizes the principle of unity of ownership. Each coparcener holds an undivided share in the property, which fluctuates with family events such as births and deaths. The property remains undivided until a formal partition occurs, at which point each coparcener receives a specific share. This legal structure ensures that property rights are closely tied to lineage and inheritance, reflecting the traditional values of familial duty and collective responsibility. Understanding coparcenary is crucial for navigating issues related to family property and succession in Hindu law.

COPARCENARY

Compared to a combined family, a Hindu coparcenary has a considerably smaller physique. It only comprises individuals who are born with a joint or coparcenary property interest. These are the joint property holder’s sons, grandsons, and great-grandsons; to put it another way, they are the holder’s three generations adjacent in a continuous male lineage.

Degrees of Coparcenary and Limitations

It is not to be assumed that every existing coparcenary is restricted to four degrees from the common ancestor, even if every coparcenary must have a common ancestor at the beginning. A joint family member is not a coparcener if he is separated from the last holder by more than four degrees. In this case, he cannot claim a partition.

If he was fifth in line from the last holder, he would join the coparcenary upon the holder’s death. He would receive a share upon partition unless his father, grandfather, and great-grandfather had all passed away earlier. The lineage stops if a gap exceeds three degrees between the property holder and the claimant after his death. Survivorship is limited to collaterals and descendants within the four-degree limit in such cases.

Case Law: Ceylon v. A. R. Arunachalam Chettiar

An attorney general and his son formed a joint family under Mitakshara School of Hindu law in the case of Ceylon v. A. R. Arunachalam Chettiar. Both the father and the son had trading and other interests in India, where they also held their official residence. A Hindu undivided family with several female members saw the death of their undivided son, leaving the father as the only coparcener still alive. In this case, the court ruled that the widows in the family, including the widow of the son who passed away, had the authority to adopt coparceners into the family and that this authority may be used following the son’s death.[i]

Unity of ownership is the fundamental component of a coparcenary in Mitakshara law. The collective group of coparceners owns the coparcenary property. The genuine definition of an undivided family under Mitakshara law states that no one family member may claim, while the family is still together, that he or she possesses a specific share of the joint and undivided property. His interest is cyclical; it can increase in response to family deaths and decrease in response to family births. He doesn’t actually get a set portion until after the division.

Supreme Court’s Observations on Coparcenary

“Undivided coparcenary interest” is the best phrase to use when describing a coparcener’s interest in coparcenary property.  If a Mitakshara coparcener dies immediately on his death his interest devolves on the surviving coparceners.

The Supreme Court has summarized the position and observed that the coparcenary property is held in collective ownership by all the coparceners in a quasi-corporate capacity. The incidents of coparcenary are:

1. The lineal male descendants of a person upto the third generation, acquire on birth ownership in the ancestral properties of such person;
2. such descendants can at any time work out their rights by asking for partition;
3. till partition each member has got ownership extending over the entire property conjointly enjoyment of the properties is common;
4. as a result of such co-ownership the possession and enjoyment of the properties is common;
5. no alienation of the property is possible unless it is for necessity, without the concurrence of the coparceners and
6. the interest of a deceased member passes on his death to the surviving coparceners.

Right of Maintenance in Coparcenary Property

Every coparcener and every other member of the joint family has a right of maintenance out of the joint family property. The right of maintenance subsists through the life of the member so long as family remains joint. No female can be a coparcener under Mitakshara law. Even wife, though she is entitled to maintenance.

Under the Mitakshara system, a single person cannot form a coparcenary. There should be at least two male members to constitute it. Like a Hindu joint family, the presence of a senior most male member is a must to start a coparcenary. A minimum of two members are required to start and to continue a coparcenary. Moreover, the relation of father and son is essential for starting a coparcenary. For example, a Hindu male obtains a share at a time of partition from his father and then gets married.

Dayabhaga Law vs. Mitakshara Law on Coparcenary Formation

Till the son is born, he is the sole male in this family, but he alone will not form a coparcenary. On the birth of his son, a coparcenary comprising of him and his son, will come into existence. In complete contrast to it, under the Dayabhaga Law, the father so long as he is alive, holds the property as a sole or exclusive owner of it. On his death, if he is survived by two or more sons, they inherit the property, and form a coparcenary. It is the death of the father that becomes the starting point of the formation of coparcenary, under the Dayabhaga Law.

CONCLUSION

The concept of coparcenary, a more restricted subset within the joint family, underscores the direct lineage of property rights extending to sons, grandsons, and great-grandsons, as defined by Mitakshara law. The nuances of coparcenary highlight the dynamic nature of family property, where rights and shares are fluid, expanding and contracting based on family events. This fluidity ensures that even as family dynamics change—through births, deaths, or separations—the principles of collective ownership and shared responsibility are maintained.

Ultimately, these traditional constructs not only shape legal interpretations but also reflect enduring values of kinship and communal living within Hindu society. Understanding these principles is crucial for navigating issues of property, succession, and familial obligations in contemporary legal contexts.

[i] Ceylon v. A. R. Arunachalam Chettiar, (1957) 3 WLR 293.