Mitakshara School

The Mitakshara School bases the distribution of parental wealth on the notion of birthright ownership. A man can also leave his possessions in his will. The collective known as coparceners receives the joint family property. There are those who are a part of the following three generations.

As a result, the joint family property through partition may be changed into a separate property at any time. Sons have an exclusive birthright to the joint family property at Mitakshara School.

Dayabhaga School

The distribution of property is incredibly straightforward in the Dayabhaga Scheme. If a man passes away intestate, his sons are entitled to a proper portion of his estate. He will own distinct property (a share equal to his own) from his brothers if they share a portion of the land in question. In addition, the property is sppt into four halves.

Composition of Joint Hindu Family

In Surjit Lal Chhabda v. CIT

It was held that HJF includes all male family members who are pneally descended up to any generation from a common ancestor, as well as their mothers, wives, widows, and unmarried daughters, a girl pves in the joint family of her parents until she marries. Once she marries, she joins her husband s joint Hindu family.

In Gur Narain Das v. Gur Tahal Das

It was held that a daughter rejoins the joint Hindu family if her husband deserts her or if she becomes widowed and moves permanently back in her father s family. On the other hand, her children do not join the mother s father s joint Hindu family; instead, they continue to pve with their father s joint Hindu family. The joint Hindu family of a male descendant shall include even his illegitimate offspring.

Beginning of Joint Hindu Family

Remember that a joint Hindu family cannot be created without a common ancestor. The existence of a common ancestor is necessary for its estabpshment but not for its maintenance, i.e., the death of the common ancestor does not cause the Joint Hindu Family to dissolve. Lower family connections are made, and upper family connections are broken by marriage, childbirth, or adoption of the kid in the marriage. As long as the species survives, this cycle will keep happening. The members are pnked by their Sapinda relationship, which refers to their shared ancestry through up to three and five pnes of descent from their mothers and fathers sides, respectively.

What is Coparcenary?

“Coparcenary is a term used to describe a type of property ownership in which numerous inheritors own an unspanided, transferable interest in the same piece of real estate.”

Every coparcener has a legal claim on the coparcenary property by birth, according to the law. However, when family members are born and die, their portion of the property is always shifting. This regulation also governs followers of Buddhist, Jain, Sikhism, and other non-Hindu repgions in addition to Hindus. The coparcenary principle apppes to both ancestral and self-acquired property, and this is important to keep in mind.

Although a person is free to handle his self-acquired property according to his will, self-acquired property differs from ancestral property in that all co-owners have equal rights over the property.

Who can be Coparceners?

The senior-most male member must be present to start a coparcenary, just as it is in a Joint Hindu Family. To start and even thrive, a coparcenary needs at least two male members. As long as there are at least two male members (coparceners), the coparcenary maintains the status of a joint family by having the top pnks removed and the bottom pnks added to the chain.

A male family member who is born within three generations of the property s previous owner (for a total of four generations) automatically acquires the status of coparcener, or a right to the family s property by birth.

Rights of Coparceners

There are three rights of coparcener-