THE CONCEPT OF COPARCENARY According to Collins Dictionary – “a form of joint ownership of property, especially joint heirship” '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. The concept of coparcenary was introduced in the ancient India. Over the period of years the circumstances changed, and with the need of the hour Hindu Succession Act, 1956 was again amended in 2005. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system. INCIDENTS OF COPARCENARYSHIP 1. The Lineal male descendants of a person up to 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 with the rest. 4. As a result of such co-ownership, the possession and enjoyment of properties is common. 5. No alienation of the property is possible without concurrence of the coparcener. 6. The interest of the deceased member lapses on his death to the survivors. Related Case Laws T. Subamma vs. T. Ratamma Commissioner of Gift Tax vs. N.S. Getty Chettiar Munni Lal Mahato and Ors. vs. Chandeshwar Malito and Ors. Bhaga Pruseth vs. Purini Dey

1. TOPIC:
COPARCENARY UNDER
MITAKSHARA SCHOOL OF LAW
- INCIDENTS
- SHIVANI GAONKER
- Student
- V M Salgaonkar College,Goa

2. THECONCEPT OF COPARCENARY
• According to Collins Dictionary – “a form of joint ownership of property,
especially joint heirship”
• '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.

3. • The concept of coparcenary was introduced in the ancient India.
• Over the period of years the circumstances changed, and with the need of
the hour Hindu Succession Act, 1956 was again amended in 2005.
• In the case of coparcenary property, or a case in which two people inherit
property equally between them, the daughter and son are subject to the same
liabilities and disabilities.
• The amendment essentially furthers equal rights between males and females
in the legal system.

5. INCIDENTS OF COPARCENARYSHIP
• 1. The Lineal male descendants of a person up to third
generation acquire on birth ownership in the
ancestral properties of such person.

6. • 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 with
the rest.

7. • 4. As a result of such co-ownership, the possession
and enjoyment of properties is common.
• 5. No alienation of the property is possible without
concurrence of the coparcener.

8. • 6. The interest of the deceased member lapses on his
death to the survivors.

9. Related Case Laws
• T. Subamma vs. T. Ratamma
• Commissioner of Gift Tax vs. N.S. Getty Chettiar
• Munni Lal Mahato and Ors. vs. Chandeshwar Malito and Ors.
• Bhaga Pruseth vs. Purini Dey