The Joint family of Hindu Law is an institution sue generis. It is peculiar to Hindu society. It consists a male, his wife and unmarried daughters and his male descendants, their wives and unmarried daughters. It is Thus patriarchal in character. Inside this joint family there is what called the Coparcenary. The coparceners are the owners of the joint family property. The coparceners have the right of partition in that property.
Coparcenary consists of common ancestor and three degrees of male lineal descendants.



Who are coparceners ? 

      Coparceners are those who have interest by birth in the joint family property. In the ancestral property of a male his son, grandson and great grandson have an interest by Birth.

Example :  A→B1→B2→B3→B4→


          If A dies B4 is added so on. To begun with the Coparcenary father and son relationship is necessary and for its continuation father's presence is not necessary.

Joint Hindu family differs from the Coparcenary in the following respects: 




No

Joint family

Coparcenary


1




Both Males and Females are the members of the joint family

Only male member are the members of Coparcenary.

2







There is no limitation of degrees or generations with regard to the membership of the Joint Family.

In Coparcenary, Males upto four degrees (including senior most male) or generations from the senior most male members are the members of the Coparcenary.

3





Some members, i.e. Female members have no right by birth in the property.

In Coparcenary all members have the right in the property by birth.

4






Certain females like Father’s wife, Mother, Grandmother etc. have no right to demand partition.    

In Coparcenary all the members have the right to demand partition.


5








The membership of Joint Hindu Family is acquired by birth or by marriage and consists of all persons literally descended from a common ancestor and their wives and unmarried daughters.

A Coparcenary is, much narrower body and it includes only those persons who acquired by birth or in exceptional case adoption by sons.

6




Every joint family is not a Coparcenary.

Every Joint Family is a Coparcenary.

7

A Joint Hindu family shall constitute even after the death of Manager/male/Karta and consisting only females.   

A Coparcenary may come to an end with the death of the last coparcener or sole surviving coparcener.


   

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