Which property is called as Coparcenary property?
Which property is called as Coparcenary property?
Property acquired by coparceners through a division of ancestral property is termed as coparcenary property. The division of ancestral property maybe because of the welfare of the family. The property, after dividing equally among the coparceners, is termed as self-acquired property.
What are the main features of a Coparcenary?
The following are the characteristic features of a Hindu coparcenary:
- (i) Formation:
- (ii) Creature of law:
- (iii) Exclusion of females:
- (iv) Extinction when complete:
- (v) Unity of ownership and possession:
- (vi) Coparcenary between Collaterals:
- (vii) Unity of juristic existence:
What are the main features of a Coparcenary what changes have been brought in it by Hindu Succession Amendment Act 2005?
The main change that has been brought after the independence was in 2005 when the Hindu Succession (Amendment) Act, 2005 was enacted. This act changed the face of the Hindu Succession Act by giving equal rights to women as that of the men. The women too can now be the coparceners.
What is Dayabhaga Coparcenary?
Dayabhaga School of law recognizes devolution only by succession. The Coparcenary is established when the father is survived by more than one son. Sons inherit the property of father equally and with agreement form a Coparcenary. Unlike Mitakshara Coparcenary it is a creation by way of agreement and not by law.
What does coparcener mean in relation to HUF property?
In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property.
What happens to the property of a coparcener?
Coparceners inherit a definite share in the property of the father. At the time of death of coparcener his shares in the property along with the separate property are inherited to his heirs and on their willingness a Coparcenary is formed.
What is the alienation of coparcenary property in Hinduism?
Alienation of coparcenary property is an inherent element of the Hindu Law and more precisely the Hindu Succession Act, 1956. All the transfers of the intestate assets, after the death of a male ancestor in a Hindu joint family, are guided by the rule of the coparcenary.
What kind of property is considered a coparcenary property?
Therefore, any intestate ancestral property acquired by the member of a Hindu joint family in course of coparcenary shall be deemed as Coparcenary property. Alienation refers to the transfer of property.