Coparcenary
/koʊˈpɑːrsəˌnɛri/
Hindu Law Term
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Definition
A concept under Hindu Undivided Family (HUF) law — a smaller body within the joint family consisting of the male owner and the next three generations of male lineal descendants. The Hindu Succession (Amendment) Act, 2005 made daughters coparceners by birth, with the same rights as sons including the right to claim partition and become the Karta (manager) of the HUF. A coparcener has an undivided interest in coparcenary property that can be disposed of by Will.
Examples
Case Study
In Vineeta Sharma v. Rakesh Sharma (2020), a Constitution Bench of the Supreme Court held that the 2005 Amendment gives daughters coparcenary rights by birth — even if the father died before the 2005 Amendment came into force. This resolved a long-standing conflict between High Court decisions and established women's equal coparcenary rights.
Key Cases
Vineeta Sharma v. Rakesh Sharma
2020(2020) 9 SCC 1
Constitution Bench. Daughters are coparceners by birth under the 2005 Amendment even if the father died before 2005. Overruled conflicting High Court decisions. Landmark gender-equal property rights judgment.
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