Hindu Jurispriudence

1. Formation of Coparcenary: Mitakshara and
Dayabhaga
Mr. Amit Guleria (Double Medalist; Gold and Silver)
Assistant Professor,
Dr. B.R. Ambedkar National Law University Sonepat
Email: amitdbranlu@gmail.com

2. Concept of Coparcenary
The term ‘Coparcenary’ is used in terms of devolution of
property (succession).
JHF- A broader Unit.
Coparcenary- A narrower Unit.
Coparcenary = ‘narrower unit’ within the ‘broader unit’

3. Joint Hindu Family: There is no limitation of generations, it
can extend to any number of generations.
All the member have not gained birth right over the property
(adopted persons, wives).
Coparcenary: Three-generation rule: within three
generations from, and inclusive of the eldest member of the
family.
After the Amendment of 2005 in HAS, 1956 males as well as
females are getting birth right.

4. GGF
GF
F
S
SS
SSS
JHF
Coparcenary

5. Coparcenary (M)
A
A’s S
A’s GS
A’s GGS
D
D
D

6. Mitakshara and Dayabhaga Coparcenary
Mitakshara Coparcenary
1. Coparceners have birth right over
the coparcenary property.
2. There can be coparcenary between
father and his sons.
3. Coparcenary is not formed by way of
agreement.
Dayabhaga Coparcenary
1. There is no birth right over the
ancestral property.
❖Sons do not take any interest in the
ancestral property as long as the father
is alive.
2. There can be no coparcenary between
the father and his sons.
❖The brothers/sisters (persons of same
generation) constitute coparcenary
after the death of father in order to
devolve the property.
3. Coparcenary is constituted by way of
agreement only after the death of the
father.

7. Mitakshara Coparcenary
4. The sons/daughter can demand a
partition of Coparcenary property
from the father.
5. Coparcenary is formed as soon as
a son/daughter is born.
6. The essence of a coparcenary is
unity of ownership.
Dayabhaga Coparcenary
4. The sons cannot demand a partition
of ancestral property from the father.
5. Coparcenary is formed after the
death of the father.
6. The essence of a coparcenary is
unity of possession.

8. Mitakshara Coparcenary
7. After the amendment of 2005 in
HSA, daughters are coparceners by
birth.
8. Share over the coparcenary
property is fluctuating.
Dayabhaga Coparcenary
7. The widow and daughter(s) can
constitute coparcenary after the death
of her husband and father such
daughter(s).
8. Share over the ancestral property is
definite.