What are the essential features of a Coparcenary Property?

Question: What are the essential features of a Coparcenary Property? [DJS 2015]

Find the question and answer of Hindu Law only on Legal Bites. [What are the essential features of a Coparcenary Property?]

Answer

A Coparcenary Property is the property of Hindu Undivided Family (HUF). It is the ancestral property of a Hindu which is inherited up to three (3) generations. The person who are legally entitled to this ancestral property are called the coparceners. The essential features of coparcenary property are as follows:

1) Presence of Property: The most essential feature of coparcenary property is the presence of property. Property forms the foundation of a coparcenary.

2) Creation of Law: Coparcenary is created by law and not through any agreement, marriage or other arrangements.

3) Interest by Birth: A person acquires interest in the joint hindu family by birth and not as representing their ancestors. Prior to 2005, only male descendent can be a coparcener but after 2005, female are also entitled to be a coparcener in the property.

4) Three Generation Rule: A Coparcenary property works on three generation rules meaning thereby that lineal descendant of a male hindu up to three generations can claim ownership right by birth on the ancestral property. In the case of Sathyaprema Manjunatha Govda v. C.E.D,(1997) 10 SCC 684, it was held that,

"Thus, while son, grandson and great-grandson is a coparcener with the holder of the property, the great-great-grandson cannot be a coparcener with him, because he is removed by more than three degree from the holder."

5) Joint Ownership: This is the most distinct feature of coparcenary property that until partition takes place, each member has got the equal ownership right over the ancestral property extending over the entire property. No coparcener can claim any specific portion on the ancestral property unless it is partitioned.

6) Common Possession: As a result of co-ownership, the possession and enjoyment of coparcenary property is common. No coparcener can deprive other coparcener for such joint possession until partitioned.

7) Restriction on Alienation: No Coparcener can alienate the property without the concurrence of other coparcener unless there is any legal necessity.

8) Rule of survivorship: If a coparcener dies, his interest shall devolve according to survivorship to the surviving coparceners and not through succession to his legal heirs.

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