Mitakshara Coparcenership in Hindu Law

Mitakshara Coparcenership, also known as “Mitakshara Joint Family,” is a traditional system of family property governance prevalent among Hindu families in India. Under Hindu Law, it constitutes a fundamental aspect of familial wealth management. In this system, male members of the family collectively manage ancestral property.

One of the key features of Mitakshara Coparcenership is the concept of joint ownership among male members of the family, primarily sons, who inherit an equal share of the ancestral property. Unlike individual ownership, where property rights are distinct, coparcenership entails undivided ownership. This means that all coparceners hold an interest in the family property, and the division of property occurs upon the death of a coparcener, not during their lifetime.

The Hindu Succession Act of 1956, as amended in 2005, brought significant changes to Mitakshara Coparcenership by granting equal rights to daughters in ancestral property. Prior to this amendment, only sons were considered coparceners, but now daughters also have the same rights and liabilities as sons in ancestral property.

However, certain conditions must be met for coparcenership to exist, such as the property being ancestral or acquired through joint family funds and the coparceners being members of the same Hindu undivided family (HUF).

Mitakshara Coparcenership plays a crucial role in preserving family wealth and fostering a sense of unity among family members. While it has evolved over time due to legal amendments and changing societal norms, its essence of joint ownership and shared responsibilities remains integral to Hindu family law.

Here are five characteristics of Mitakshara Coparcenary:

1. Common Ancestral Property:

The Mitakshara Coparcenership is formed through an inheritance from a common ancestor. The property that is inherited by the family members becomes the common ancestral property, and all the coparceners have an equal share in it.

2. Equal Rights:

All the coparceners have equal rights in the common ancestral property. They have an equal right to enjoy the benefits of the property and also to participate in the management of the property.

3. Birthright:

The status of a coparcener is acquired by birth in the family. Sons, grandsons, and great-grandsons of the common ancestor become coparceners by birth. Daughters, on the other hand, do not become coparceners by birth, but they acquire the status of coparcener on their father’s death.

4. Undivided Interest:

The coparcenary property is held as an undivided interest, which means that each coparcener has a right to the entire property, and no coparcener can claim a specific share in the property.

5. Right to Partition:

The coparceners have a right to partition the property at any time. They can demand the division of the property and get their share in the property. Once the partition is done, the coparcenary comes to an end, and the coparceners become tenants-in-common.

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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.