CONCEPT OF COPARCENERS WITH SPECIAL EMPHASIS UNDER CLASSICAL LAW AND RECENT DEVELOPMENTS

Abstract

Under the Hindu Joint Family, coparceners as an institution have a significant role in preserving and protecting the ancestral property. Earlier the concept of coparceners was  thought to be associated with the spiritual aspects but now it is linked with the legal perspectives of identifying rights and obligations of the coparceners in the property. The head of the coparcenary is called the Karta. Under Mitakshara law, Coparcenary is a creation of law where the coparcener acquires the interest in the property by birth, provided that the coparcener falls within the category of the three generations from the last holder of the property. Also, the share of the coparceners is not specific and is subject to fluctuations with the birth and death of other coparceners is not specific and is subject to fluctuation with the birth and death of other coparceners in the family. Under Dayabhaga law, the coparceners have no right to acquire property of birth and the doctrine of fluctuating interest is not applicable here. The aim of this article is to explain the various rights of the coparceners and to highlight the differences between the Dayabhaga Coparcenary which was prevalent in West Bengal, Assam and parts of Punjab and Orissa and Mitakshara Coparcenary which prevailed in the rest of India. To understand the concept of coparceners under the Hindu law, secondary research was being done. The key findings of this article include knowing about the concept of coparceners and coparcenary property, the rights of a coparcener and also about the status of coparceners under traditional law with recent changes. Overall we conclude that one of the essential features of the coparcenary is the Unity of Possession aand the Community of Interest where all the members have a legal right over the ancestral property and the concept of coparcenary has come a long way and had undergone sea changes with the continuing progress in the society.