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COP RCEN RYRIGHT

OF

W

OMEN

Name:Manjeet Kumar Sahu

B.A LL.B(Hons.)

Section-B

SAP ID:500012141

Reg. No.-R450210069

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COPARCENARY

Coparcenary is a joint Hindu family having acommon ancestor with lineal descendants within four

degrees counting from and inclusive of such

ancestor.

A Coparcenary property is an ancestral or jointproperty of the joint Hindu family in which a

coparcenar acquires interest either by his/her birth or

upon the death of the last owner (without an heir).

A Coparcenar's share in the coparcenary property is

variable and is reduced and added by birth and

death in the joint family respectively.

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No female is recognised as a member of the coparcenary

in Mitakshara law.

Since a woman cannot be a coparcener, she is not entitled

to a share in the ancestral property by birth.

The provisions regarding succession in the Hindu Code

Bill, as originally framed by the B.N.Rau Committee and

piloted by Dr.Ambedkar, was for abolishing the Mitakshara

coparcenary with its concept of survivorship and the son's

right by birth in a joint family property and substituting it

with the principle of inheritance by succession.

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SEC.-6 OFHINDUSUCCESSIONACT,1956

When a male Hindu dies after the commencement of thisAct, having at the time of his death an interest in a

Mitakshara coparcenary property, his interest in the

property shall devolve by survivorship upon the surviving

members of the coparcenary and not in accordance withthis Act.

Sec. 8 of Hindu Succession Act,1956

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The retention of the Mitakshara coparcenary

without including females in it meant that females

cannot inherit ancestral property as males do. If a

joint family gets divided, each male coparcener

takes his share and females get nothing. Only whenone of the coparceners dies, a female gets a share

of his share as an heir to the deceased.

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JUDICIAL INTERPRETATIONS

There were conflicting opinions of the various High Courtson the question of women coparcenary and thus a Karta.

The matter for the first time came up before a full Judge

Bench of the Nagpur High Court in Kesheo v. Jagannath

AIR 1926 Nag. 81, the Courtheld the view that mother, though not a coparcener, can

be, in the absence of adult malemembers, Karta of the

joint family, and her actswill be binding on others as that of

a Karta.

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Ratio of the case:that any adult members may be

the manager of the joint family, and in case of need

a step-mother could bind her step-

son,whomas a minor, by alienation of the joint

family property, in whatever character shepurported to act.

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NEW COPARCENARY UNDER STATE

ACTS

The Kerala Joint Family System (Abolition) Act, 1975 The Hindu Succession (Andhra Pradesh Amendment) Act,

1986

The Hindu Succession (Tamil Nadu Amendment)Act, 1989

The Hindu Succession (Maharashtra Amendment)Act,1994

The Hindu Succession (Karnataka Amendment) Act,

1994

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HINDUSUCCESSION( AMENDMENTACT),2005

OBJECTSANDREASONS

The retention of the Mitakshara coparcenary propertywithout including the females in it means that the females

cannot inherit in ancestral property as their male

counterparts do.

The law by excluding the daughter from participating in thecoparcenary ownership not only contributes to her

discrimination on the ground of gender but also has led to

oppression and negation of her fundamental right of equality

guaranteed by the Constitution.

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Having regard to the need to render social justice to

women, the States of Andhra Pradesh, Tamil Nadu,

Karnataka and Maharashtra have made necessarychanges in the law giving equal right to daughters in Hindu

Mitakshara coparcenary property."

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RECENTJUDGMENT InGanduri Koteshwaramma v. Chakiri Yanadi (2011) 9

SCC 788

Facts of the case:The Appellant(daughter) filed a partition

suit against the respondent (Father) and his brother

claiming that all the parties must have 1/5th equal share in

the property.

Issue Raised: whether the benefits of Hindu Succession

(Amendment) Act, 2005 are available to the appellants.

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The Court appointed the Commissioner for division of

the schedule property.

Enforcement of the Hindu Succession (Amendment)

Act,2005

The Supreme court favoured the Appellant.

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