Joint Family and Coparcenary

Joint Family and Coparcenary

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:42 PM IST

One of the main tenets of Hindu family law is the idea of the Joint Hindu Family and Coparcenary. It is critical to comprehend the characteristics and distinctions between the two. In India, there are many different kinds of commercial organisations. Hindu Undivided Family is a unique type of company entity. In India, these family-run enterprises operate on a big scale. This is the reason the nation had to create a unified legal system. This statute covers concerns like Karta, Coparcenary, Coparcenary Property, etc.

This Story also Contains
  1. Historical Background of the law of inheritance
  2. About Joint Hindu Family
  3. Schools of Thought
  4. Coparcenary
  5. Difference between Hindu Joint Family and Coparcenary
  6. Coparcenary and the Property
  7. Conclusion

A joint family is an essential part of Hindu law. It is a familial institution in which members possess property under their own or Coparcener's names. It began with a common male ancestor and continues in perpetuity with the birth and death of a family member. Karta is the family's head, in charge of all things inside the Joint Hindu family. He had the authority to alienate property without permission from other coparceners if he did so in good faith.

Historical Background of the law of inheritance

  • Ancient Hindu jurisprudence gave rise to the idea of coparcenary, which later became a fundamental component of Hindu law.

  • Every law and regulation about property and its rights under Hindu law has historically been biased towards men.

  • Women were always viewed as subservient, and they were only framed to serve the family's male members.

  • Before the Hindu Succession Act of 1956, individuals were subject to customary rules that differed depending on the location and caste system.

  • These statutes were renowned for their variety in the law and discrimination against women.

  • Due to financial constraints, the planned law could not be implemented nationwide; as a result, different areas of the country had different implementations.

  • As a result, several schools of thought and practices emerged, further complicating and diverging the law. In all locations where the laws are practised, gender disparity is a prevalent issue.

About Joint Hindu Family

The Hindu Succession Act, of 1956 now governs Hindu family law, which is based on the essential and essential notion of the joint Hindu family. It is a typical state of affairs in Hindu society. Hindus believe that life is a never-ending process; if something is eliminated in one generation via division, it inevitably reemerges in the following generation.

The assumption that every Hindu family is a Joint Hindu family is reinforced by this law. As noted in Rukhmabai v. Lala Laxmi Narayan and Rajagopal v. Padmini, if a family is joint in matters of food, worship, and estate, it is assumed that the family remains a joint family. Nonetheless, even if a family does not live together or share meals or worship, as long as they are united in the estate, they still qualify as a Joint Hindu family.

Based on the ruling in the Chhotey Lal and Ors. v. Jhandey Lal and Anr. case, a Joint Hindu Family is not a business nor a juristic person since they do not have a separate legal personality from that of its members. It functions as a unit and is represented in all affairs by the family's Karta.

The Meaning of the word ‘Joint Hindu family’

  • "A joint Hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters," says Sir Dinshah Mulla. A girl who marries into her husband's family no longer belongs to her father's family.

  • The common ancestor and all of his lineal male descendants, along with the wife or spouses (or widows) and unmarried daughters of the common ancestor and the lineal male descendants, make up a Hindu joint family.

  • A joint family must have a common ancestor for it to exist, but a common ancestor is not required for the family to continue.

Hindu undivided family

  • An extended family structure in which each member is a lineal descendant of a common ancestor is known as a Hindu undivided family or Hindu joint family.

  • This family consists of three generations of his descendants and a common ancestor who is often the eldest. Additionally, Buddhism, Sikhism, and Jainism all practise this.

  • The Hindu Succession Act of 1956 governs this family structure. It is a legislated legislation that deals with the ownership, transfer, and devolution of inherited property within the Hindu joint family.

  • Despite being patriarchal, the legislation has seen some significant modifications to the laws delayed. When the legislation was included, equality could not be realised because of the compromise between tradition and modernity.

  • It is presently attempting to correct certain irregularities brought about by customary Hindu law.

Note: In the case of Narenderanath v. Commissioner of Wealth Tax, The Supreme Court ruled that the term "Hindu undivided family" in the Wealth Tax Act refers to a Hindu joint family as defined by Hindu personal law, which can include a single male member, his wife, and daughters. The Wealth Tax Act's design makes no mention of the requirement that a Hindu undivided family be comprised of two male members in order for it to be considered an assessable unit.

Schools of Thought

There are two categories of ancient Hindu schools of law. These have been around long before the Hindu Succession Act of 1956 codified Hindu law. These are:

Mitakshara school

The majority of India adheres to the Mitakshara school, which was founded on Vijnanesvara's seminal legal treatise "Mitakshara." It recognises the concept of coparcenary, which characterises the male members of a Hindu Undivided Family's (HUF) joint property ownership. The Mitakshara school holds that male heirs acquire ancestral property by birthright, making them coparceners. The property is passed down through the generations without being split, with the male coparceners sharing it equally. This school values the joint family system, in which many generations cohabit and jointly possess property.

It is separated into 4 more schools:

  • The Benaras School

  • The Mithila school

  • The Maharashtra school

  • The Dravida school

Dayabhaga school

Jimutavahana, a scholar, developed the Dayabhaga school, which has its primary concentrations in West Bengal and certain parts of Assam. Unlike the Mitakshara school, the Dayabhaga school does not accept coparceners. Instead, the focus is on familial ties to determine individual ownership and succession. The Dayabhaga school holds that male ancestors do not share ownership and that both male and female descendants are eligible to inherit property. This organisation supports a more individualistic understanding of succession and property rights.

Coparcenary

The word "coparcenary" refers to legal concerns about Hindu succession. It is a more specialised division or organisation inside a Joint Hindu Family that solely handles property-related issues, such as the coparcenary property of the Joint Hindu Family.

It only comprises individuals who are born with a joint or coparcenary property interest. For the time being, the holder of the joint property is his sons, grandsons, and great-grandsons; in other words, these three generations comprise the holder's unbroken male lineage.

Composition of Coparcenary

  • Coparcenary families, as opposed to Joint Hindu Families, comprise all male lineal descendants for a maximum of three generations following the final property holder.

  • The oldest member is referred to as the "last holder," and the coparcenary is made up of his son, his son's son, and his son's son. Within a given generation, the number of male members can be infinite.

  • Each coparcenary member is a legitimate adoptee or connected to another via blood.

  • As noted in Sudarshan v. Narasimhulu, a coparcenary is a creature of law, so it is a set rule that no one may become a coparcener by marriage or any other arrangement.

  • The Hindu Succession Act of 1956 prohibited female members from serving as coparceners; however, this was changed by an Act modification in 2005.

  • According to Section 29A of the Hindu Succession Act, a woman is now entitled to the same coparcenary property portion as a man.

  • It is a "right by birth" for a male member of the family who is born within three generations (a total of four generations) to be a coparcener on the family land.

  • Coparcenary ends with the division of the family, the passing of every male member, or the lone surviving coparcener.

Difference between Hindu Joint Family and Coparcenary

Difference between Joint Hindu Family and Coparcenary

Joint Hindu Family

Coparcenary

The institution is more inclusive since it encompasses not just the spouses and unmarried daughters of all male lineal descendants from a common ancestor.

With only three male lineal descendants from the last property holder, it is a more limited institution.

It can span any number of generations; there is no cap on the number of generations.

Males within four generations of the family's eldest member are included in the four-generation rule.

It can include all members of the family, including daughters and boys born out of wedlock.

Daughters now have the ability to be coparceners, since daughters were previously only allowed to be before the 2005 amendment.

The Joint Hindu Family does not necessarily come to an end even when all coparceners or male members do. It goes on as long as a female member has the authority to bring a new male member into the household.

When every male coparcener or member dies, the coparcenary ends.

A Joint Hindu Family does not need to own property to function.

The presence of a property is crucial in a coparcenary.

The Law of Succession governs the rights and interests of members of a joint family.

When a coparcener passes away, his interest in the property passes to the remaining coparceners, so the rule of survivorship is applied rather than the law of succession.

Members' rights are restricted to paying the unmarried daughters' upkeep and wedding costs.

Coparceners have a wide range of rights, including dividing and alienating. The entire land belongs to each coparcener; nevertheless, no one can establish a separate title to any portion of the property.

Not every Hindu family that is joint is a coparcenary.

Every Hindu joint family is a coparcenary.

As an example:

  • Assuming that 'A' is the last male descendant and that A, B, C, D, E, F, G, H, and I are all male lineal descendants.

  • A joint Hindu family is made up of all eight generations' members, whereas a coparcenary—that is, A, B, C, and D—is established up to three generations from him while he is still living.

Coparcenary and the Property

The term "coparcenary" is typically employed in contexts pertaining to Hindu succession law. A person who only by birth acquires a legal claim to his parents' property is referred to as a coparcener. In order to have a deeper understanding of this, let us first define the term Hindu Undivided Family (HUF). All coparceners are legally entitled to the coparcenary property from birth, according to the legislation. Nonetheless, as family members pass away and have children, their portion of the property changes constantly.

A legal definition of a HUF is a collection of relatives who share a common ancestor through lineage. The oldest person in the family as well as three generations are included in this category. These individuals are also referred to as coparceners.

This rule governs persons of other religious origins, such as Buddhism, Sikhism, and Jainism, in addition to Hindus. Coparcenary applies to both ancestral and self-acquired property, it is important to remember this.

A person can administer self-acquired property however they like, unlike ancestral property where all coparceners have equal rights over the property.

Case Law of Commissioner of Income Tax V. Laxmi Narayan

In the case of Commissioner of Income Tax V. Laxmi Narayan, the court ruled that if the male ancestor died leaving behind the son, his wife and mother would retain their status, i.e., a single male member with a female member can form a joint Hindu family. In the case of Attorney General of Ceylon v. Arunachalam Chettiar, the court ruled that following the death of all male members of the family, the joint family will continue if their women are capable of adding a male member through adoption or if one of them is pregnant.

Conclusion

Earlier conceptions of Hindu law, such as the idea of coparcenary and Karta, were predicated on ideas supporting a patriarchal society. Coparcenary is seen as a component of the Joint Hindu family's core idea. As time went on, and particularly when the Hindu Succession Act, of 2005 went into effect, the legislature made an effort to level the playing field and partially eradicate the patriarchal system for women.

Frequently Asked Questions (FAQs)

1. What distinguishes a joint family from a coparcener family?

Members of Hindu joint families are related through a shared ancestor. Consequently, a male head and his progeny—including their spouses and single daughters—are included. A coparcenary is a smaller family group that jointly owns the property.

2. What does the term "coparcenary" mean?

A smaller unit of the family that has joint property ownership is called a coparcenary. A "propositus," or the individual at the head of a line of lineage, with his three lineal descendants—sons, grandsons, and great-grandsons—make up a coparcenary.

3. What distinguishes a Coparcenary at Mitakshara School from a Hindu joint family?

A joint Hindu family is a more inclusive structure that does not always include a coparcenary and can have both male and female members. Only four generations of male members with equal rights and responsibilities over family property by birth can make up a Mitakshara coparcenary.

4. What does the term "joint family" mean?

A joint family is any group of people that live together in the same house and are related by two or more generations, either via their parents or their grandparents. This type of extended family consists of two or more parents living together with their offspring.

5. Is the spouse a coparcener?

A woman who marries into the Hindu Undivided Family is regarded as a member exclusively, not as a coparcener. Therefore, in a HUF, spouses and daughters-in-law are not allowed to become kartas.

6. What is a joint family under Hindu law?
A joint family under Hindu law is a group of people related by blood or marriage who live together, share a common household, and have joint ownership of property. It typically includes multiple generations living under one roof, sharing resources and responsibilities.
7. Can a person be part of multiple joint families?
No, a person can only be part of one joint family at a time. When a person marries, they typically leave their natal joint family and become part of their spouse's joint family.
8. Can a joint family be formed by agreement?
No, a joint family cannot be formed by agreement. It is a status that arises by operation of law based on birth into a Hindu family. However, people can choose to live together and share resources voluntarily.
9. What is the role of the Karta in a joint family?
The Karta is the manager and representative of the joint family. They are responsible for managing family affairs, property, and businesses. Traditionally, the oldest male member assumes this role.
10. Can a woman be a Karta of a joint family?
Traditionally, only male members could be Kartas. However, recent court judgments have recognized that women can also act as Kartas, especially if they are the senior-most member or if male members are minors or incapacitated.
11. Who can be a coparcener in a Hindu Undivided Family (HUF)?
Traditionally, only male members were coparceners. However, after the 2005 amendment to the Hindu Succession Act, daughters are also considered coparceners by birth, having the same rights and liabilities as sons.
12. Can adopted children become coparceners?
Yes, adopted children have the same rights as natural-born children in a Hindu joint family. They become coparceners upon adoption and have equal rights in ancestral property.
13. Who can demand partition of joint family property?
Any coparcener, including daughters after the 2005 amendment, can demand partition of joint family property at any time.
14. What happens to the status of coparcenary after partition?
After a complete partition, the coparcenary ceases to exist. Each divided share becomes the separate property of the respective coparcener.
15. Can a joint family business be partitioned?
Yes, a joint family business can be partitioned like any other joint family property. However, the practicalities of dividing a business may be more complex than dividing other types of property.
16. What is the significance of the 2005 amendment to the Hindu Succession Act?
The 2005 amendment granted equal rights to daughters in ancestral property. It made daughters coparceners by birth, giving them the same rights as sons in inheritance and property division within a Hindu Undivided Family.
17. What is ancestral property in the context of joint family and coparcenary?
Ancestral property is property inherited by a Hindu from their father, grandfather, or great-grandfather. It is jointly owned by all coparceners and is subject to partition among them.
18. How is self-acquired property different from ancestral property?
Self-acquired property is property earned or purchased by an individual through their own efforts. Unlike ancestral property, self-acquired property is not automatically part of the joint family assets and the owner has full rights to dispose of it as they wish.
19. What is meant by the concept of 'right by birth' in coparcenary?
Right by birth' means that a person becomes a coparcener and acquires rights in the ancestral property as soon as they are born into the family. This right is not dependent on the death of any family member.
20. What is partition in the context of a joint family?
Partition refers to the division of joint family property among coparceners. It can be partial (dividing only some property) or complete (dividing all property and separating the joint family).
21. How does a coparcenary differ from a joint family?
A coparcenary is a smaller unit within a joint family. It consists of male members who have a right by birth to inherit ancestral property. While all coparceners are part of the joint family, not all joint family members are coparceners.
22. How does the Dayabhaga system differ from Mitakshara in terms of coparcenary?
Under the Dayabhaga system, prevalent mainly in West Bengal and Assam, there is no concept of birth right. Sons inherit property only after the death of their father, and there is no coparcenary during the father's lifetime.
23. What is the concept of 'Mitakshara' coparcenary?
Mitakshara coparcenary is a system prevalent in most parts of India where coparceners acquire a right in the joint family property by birth. It's contrasted with the Dayabhaga system, which doesn't recognize birth right.
24. Can a joint family own agricultural land?
Yes, a joint family can own agricultural land. However, specific laws regarding agricultural land ownership may vary by state in India.
25. What is the concept of pious obligation in Hindu joint families?
Pious obligation refers to the duty of sons to pay off their father's debts. This concept is based on the belief that failing to repay debts affects the spiritual well-being of the deceased.
26. What is the difference between per stirpes and per capita distribution in partition?
Per stirpes distribution divides property among branches of the family, while per capita distribution divides property equally among all eligible individuals, regardless of their branch in the family tree.
27. What happens to joint family property if a coparcener dies?
When a coparcener dies, their share in the joint family property passes to the surviving coparceners by survivorship, unless they have left a will specifying otherwise.
28. What is a 'notional partition' in the context of Hindu Succession Act?
A notional partition is a legal fiction used to determine the share of a deceased coparcener for the purpose of succession. It assumes that a partition took place just before the coparcener's death.
29. What is the concept of 'reunion' after partition in a joint family?
Reunion refers to the process where family members who have separated through partition decide to come together again as a joint family. This requires the consent of all parties involved.
30. How does the concept of joint family apply to South Indian families?
The concept of joint family applies similarly to South Indian Hindu families, with some regional variations. The Mitakshara school of Hindu law is generally followed, recognizing coparcenary rights.
31. Can a person be expelled from a joint family?
There is no legal provision for expelling a person from a joint family. However, a person can voluntarily separate from the joint family or demand partition.
32. Can a Hindu Undivided Family (HUF) be created?
An HUF cannot be created; it comes into existence by status. However, for tax purposes, an HUF can be registered and given a separate identity.
33. What is the significance of HUF in Indian tax law?
HUF is recognized as a separate entity for taxation purposes. It can file separate tax returns and enjoy certain tax benefits, making it a popular tool for tax planning among Hindu families.
34. Can non-Hindus be part of a Hindu joint family?
Typically, only Hindus, Buddhists, Jains, and Sikhs can be part of a Hindu joint family. However, if a non-Hindu is adopted into a Hindu family, they may become part of the joint family.
35. Can a joint family have multiple Kartas?
Traditionally, there is only one Karta in a joint family. However, in practice, multiple family members may share managerial responsibilities, especially in large families or family businesses.
36. How does marriage affect one's status in a joint family?
Marriage doesn't automatically separate a person from their joint family. However, it can lead to the formation of a new nuclear family within the larger joint family structure.
37. Can a person renounce their rights in a joint family property?
Yes, a coparcener can renounce their rights in joint family property. This is typically done through a formal deed of release or relinquishment.
38. What is the concept of 'hotchpot' in relation to joint family property?
Hotchpot refers to the practice of bringing back into the common pool any property or advancements given to a coparcener before partition, to ensure fair distribution among all coparceners.
39. Can a joint family property be sold?
Yes, joint family property can be sold, but it typically requires the consent of all adult coparceners. The Karta alone cannot sell joint family property without proper justification or consent.
40. What happens to joint family property if all coparceners die simultaneously?
If all coparceners die simultaneously without leaving any heirs, the property would typically escheat to the government. However, this is a rare scenario and specific circumstances would be considered.
41. How does divorce affect one's status in a joint family?
Divorce doesn't automatically affect one's status in their natal joint family. However, it typically ends the divorced person's connection to their spouse's joint family.
42. Can a joint family property be mortgaged?
Yes, joint family property can be mortgaged, typically by the Karta for the benefit of the family. However, for substantial transactions, consent of other adult coparceners is usually required.
43. What is the concept of 'Karta's power of alienation'?
The Karta's power of alienation refers to their ability to transfer joint family property. This power is limited and can only be exercised for legal necessity, benefit of the estate, or with the consent of other coparceners.
44. Can a joint family property be gifted?
Generally, joint family property cannot be gifted by an individual coparcener, including the Karta, without the consent of all adult coparceners. Exceptions may apply for small gifts for religious or charitable purposes.
45. What is the role of family customs in joint family matters?
Family customs play a significant role in joint family matters. Courts often recognize long-standing customs that may deviate from general Hindu law, provided they are not against public policy or morality.
46. How does the death of the Karta affect the joint family?
The death of the Karta doesn't dissolve the joint family. Typically, the next senior-most male member becomes the Karta, although recent judgments have recognized the possibility of female Kartas as well.
47. Can a minor be a coparcener?
Yes, a minor can be a coparcener. The right to be a coparcener is acquired by birth and is not dependent on age. However, a minor cannot demand partition or manage joint family affairs.
48. What is the concept of 'blending' in joint family property?
Blending occurs when a coparcener voluntarily merges their self-acquired property with the joint family property. Once blended, the property is treated as joint family property for all purposes.
49. How does the joint family system affect inheritance laws?
The joint family system significantly impacts inheritance laws. In a joint family, ancestral property is inherited by survivorship among coparceners, rather than by succession as in individual property.
50. Can a joint family own shares in a company?
Yes, a joint family, represented by its Karta, can own shares in a company. These shares would be considered joint family property unless specifically acquired as separate property.
51. What is the significance of 'coparcenary property' vs 'joint family property'?
Coparcenary property refers specifically to ancestral property in which coparceners have a right by birth. Joint family property is a broader term that includes coparcenary property as well as other jointly held family assets.
52. How does the concept of joint family apply to tribal communities?
The application of joint family concepts to tribal communities can vary. Many tribal communities have their own customary laws regarding family structure and property, which may or may not align with Hindu joint family concepts.
53. Can a person be a member of a joint family without being a coparcener?
Yes, a person can be a member of a joint family without being a coparcener. For example, female members (before the 2005 amendment) were part of the joint family but were not coparceners.
54. What is the impact of a family settlement on joint family property?
A family settlement is an agreement among family members to divide property and settle disputes. It can result in the division of joint family property and potentially the dissolution of the joint family status.
55. How does the concept of joint family interact with modern nuclear family structures?
The joint family system continues to exist alongside modern nuclear family structures. Many families maintain aspects of joint family living (shared resources, decision-making) while adapting to changing social norms and individual preferences for privacy and independence.

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