Joint Family and Coparcenary

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.

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 Joint Hindu Family and 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.

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.