Difference between Hindu Joint family and Coparcenary

The Hindu Joint Family and Coparcenary are two forms of family ownership prevalent in India. Here are the differences between Hindu Joint Family and the Coparcenary:

1- Composition:

A Hindu Joint Family is a family that consists of members who are related to each other by blood, marriage, or adoption. The family includes not only the father, mother, and children but also other close relatives. A Coparcenary, on the other hand, is a smaller unit within the Hindu Joint Family that consists of only male members who are related through the male line.

2- Inheritance:

In a Hindu Joint Family, all the members have an equal right to inherit the property of the family. Multiple individuals jointly hold the property, and no individual member can claim any specific share in it.. In a Coparcenary, only the male members have a right to inherit the ancestral property. Female members do not have any right to the ancestral property but they can inherit the property of their father or husband.

3- Formation:

A common ancestor who serves as the head of the family forms a Hindu Joint Family. The family members live together and share their income and expenses. In a Coparcenary, the family is formed through male members who are related through the male line. The law creates the Coparcenary, and it can form even if the family members do not live together.

4-Management:

The eldest male member of the Hindu Joint Family manages the property. He is responsible for making all the decisions related to the property. In a Coparcenary, all the male members have an equal right to manage the ancestral property. The decisions are taken jointly, and no individual member can make any decision without the consent of the other members.

5-Partition:

In a Hindu Joint Family, the partition of the property can be done with the consent of all the members. After the partition, each member gets his/her share of the property. In a Coparcenary, the partition can be done at any time, and each member gets an equal share in the ancestral property. The Coparcenary comes to an end after the partition, and the members become tenants-in-common.

Books Recommended              Click to Buy-

1. J.D.M. Derrett- Hindu Law

2. Mulla -Hindu Law,

3. Paras Diwan, Hindu Law,

4. Dr. Rakesh Kr. Singh, Hindu Law,

5. Dr.Rakesh Kr. Singh, Textbook on Muslim Law,

6. Kusum & P.P.Sexena, Lecture on Hindu Law.