Coparcenary refers to a legal concept in which property is inherited by all the male descendants of a common ancestor. This concept is prevalent in Hindu law and allows for equal distribution of property among male heirs. The coparcenary system grants certain rights and responsibilities to the coparceners, including the right to manage and alienate the property. However, with the enactment of the Hindu Succession (Amendment) Act, 2005, coparcenary rights have been extended to include female heirs as well. This amendment ensures gender equality in the coparcenary system and allows female coparceners to inherit and manage property on an equal footing with their male counterparts.
Coparcenary is a legal concept that refers to the joint ownership of ancestral property by all the male descendants of a common ancestor.
Under Hindu law, only male descendants up to four generations in a family can be coparceners. This includes sons, grandsons, great-grandsons, and so on.
Yes, the Hindu Succession (Amendment) Act, 2005, has granted equal rights to females in coparcenary property. Therefore, daughters are now considered coparceners along with sons.
Coparceners have the right to demand partition of the coparcenary property, which means they can ask for their share in the ancestral property to be divided.
Yes, a coparcener has the right to sell or transfer their share in the coparcenary property. However, the buyer or transferee becomes a tenant-in-common and does not become a coparcener.
Yes, coparcenary property can be divided unequally among coparceners if they mutually agree to it. However, if there is no agreement, the division is usually done equally.
Yes, if a female coparcener dies, her children, whether male or female, have the right to inherit her share in the coparcenary property.
Yes, coparcenary property can be partitioned during the lifetime of the common ancestor if all coparceners agree to it. However, if there is no agreement, the partition usually takes place after the death of the common ancestor.
Yes, a coparcener can sell their share in the coparcenary property to a third party. However, the buyer only acquires the rights of a tenant-in-common and does not become a coparcener.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th April 2024.
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