Who are Coparceners in a joint Hindu family?
Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. They are the head of the family or Karta and the three subsequent generations of the Karta which include his sons, grandsons, and great-grandsons.
What is the nature of joint Hindu family?
A joint Hindu family is not a corporation. It has no legal entity distinct and separate from that of the members who constitute it. It is not a juristic person either. It is a unit and in all affairs it is represented by its Karta or Head.
What are Coparceners business?
In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property. …
What are the characteristic features of Coparcenary?
The following are the characteristic features of a Hindu coparcenary:
- (i) Formation:
- (ii) Creature of law:
- (iii) Exclusion of females:
- (iv) Extinction when complete:
- (v) Unity of ownership and possession:
- (vi) Coparcenary between Collaterals:
- (vii) Unity of juristic existence:
What is the nature of joint family?
On this basis, she defines joint family as “a group of people, who generally live under one roof, eat food cooked at one hearth, hold property in common, participate in common family worship, and are related to each other as some particular type of kindred”.
What is the joint family and Coparcenary?
In order to constitute a joint Hindu family, the existence of any kind of property is not required whereas in coparcenary there exists an ancestral property. Joint Hindu family consist of male and female members of a family whereas in coparcenary no female can be a coparcener.
What is Coparcenary within Coparcenary?
Suppose P and three sons Q, R and S acquire the separate property then when Q dies his separate property can be acquired by his sons QS1, QS2 and they can form a separate coparcenary themselves. This concept is called Coparcenary within the Coparcenary.
What does Coparcenary mean?
A coparcenary is a smaller unit of the family that jointly owns property. A coparcenary consists of a ‘propositus’, that is, a person at the top of a line of descent, and his three lineal descendants — sons, grandsons and great-grandsons.
What happens when a Coparcener dies?
Upon death of a coparcener his property devolves upon his legal heirs under Section 8 of the Hindu Succession Act as his self acquired property after notional partition. The Supreme Court in the matter of M. Arumugam vs. M.
What are Coparceners Class 11?
As per the Hindu Succession Act, 1956, any individual born in a Hindu Undivided Family (HUF) becomes a coparcener by birth. Both sons and daughters are coparceners in the family and share equal rights and liabilities over the property.