Volume 18, No. 6, 2021

Relevancy Of Coparcenary In Hindu Law At Present Time

Dr. Amit Kumar Srivastava


"Boys are sons till they marry, while daughters will always be daughters." The Supreme Court used these phrases to resolve the issue of coparcenary rights in Vineeta Sharma vs. Rajesh Sharma1 (Supreme Court of India, 2021). The Indian judiciary entered the principality of gender equality also, considering a case of coparcenary rights, upholding women's rights and bursting all social categorizes. Rendering to Black's Law Dictionary, coparceners are "persons to whom an estate of inheritance passes jointly and by whom it is held as a whole estate." The term coparcenary is used to describe Hindu succession law. As per the definition, an heir is "a person who, by birth, has the capacity to assume a legal interest in his ancestral property." It stands for 'unity of title, ownership, and awareness.' It is a legal invention; parties acting together cannot make it unless they adopt it. Coparcenary Rights have a long history in India, and they have a bright future ahead of them. This paper examines the evolution and current situation of coparcenary rights in India under Hindu Vedic laws and the Hindu Succession Act. In this study, Indian judiciary's approach toward situations involving these rights is also explored.

Pages: 635-642

Keywords: Coparcenary rights, Hindu Law, The Mitakshara School, Hindu Succession Amendment Act of 2005

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