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    Differences Between Coparcenary Property and Separate Property

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    Charu Lata
    There are key differences between coparcenary property and separate property for Hindus: 1. Coparcenary property devolves by survivorship upon death, not succession, while separate property passes to heirs through succession. 2. All coparceners have a shared, undivided interest and unified possession of coparcenary property. Separate property belongs exclusively to its owner. 3. Coparceners' children, grandchildren, and great-grandchildren acquire interest in coparcenary property by birth, but no one acquires interest in separate property by birth.

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    Differences Between Coparcenary Property and Separate Property

    Uploaded by

    Charu Lata
    1K views2 pages
    There are key differences between coparcenary property and separate property for Hindus: 1. Coparcenary property devolves by survivorship upon death, not succession, while separate property passes to heirs through succession. 2. All coparceners have a shared, undivided interest and unified possession of coparcenary property. Separate property belongs exclusively to its owner. 3. Coparceners' children, grandchildren, and great-grandchildren acquire interest in coparcenary property by birth, but no one acquires interest in separate property by birth.

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    Differences between Coparcenary Property and Separate Property

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    There are key differences between coparcenary property and separate property for Hindus: 1. Coparcenary property devolves by survivorship upon death, not succession, while separate property passes to heirs through succession. 2. All coparceners have a shared, undivided interest and unified possession of coparcenary property. Separate property belongs exclusively to its owner. 3. Coparceners' children, grandchildren, and great-grandchildren acquire interest in coparcenary property by birth, but no one acquires interest in separate property by birth.

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    1K views2 pages

    Differences Between Coparcenary Property and Separate Property

    Uploaded by

    Charu Lata
    There are key differences between coparcenary property and separate property for Hindus: 1. Coparcenary property devolves by survivorship upon death, not succession, while separate property passes to heirs through succession. 2. All coparceners have a shared, undivided interest and unified possession of coparcenary property. Separate property belongs exclusively to its owner. 3. Coparceners' children, grandchildren, and great-grandchildren acquire interest in coparcenary property by birth, but no one acquires interest in separate property by birth.

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    Differences between Coparcenary Property and Separate Property

    1. Devolution:
    On the death of a coparcener, his undivided interest in the joint family
    property devolves by survivorship, and not by succession, (subject to the
    provisions of Sections 6 and 30 of the Hindu Succession Act, 1956).
    The separate property of a coparcener, on the other hand, passes, on his
    death intestate, to his heirs by succession, and not by survivorship to the
    remaining coparceners.

    2. Nature of interest:
    All the coparceners have community of interest and unity of possession
    in the joint family or coparcenary property. On the other hand, the
    separate or self-acquired property of a Hindu belongs to him exclusively
    – even though he may be a member of a joint Hindu family.

    As long as the family is undivided, a coparcener cannot predicate that he


    or she has, at any given time, a given share (say, one-third or one-fourth)
    in the coparcenary property. His or her share crystallizes only when a
    partition takes place, and till then, he or she has a fluctuating interest,
    liable to be enlarged by deaths in the family, and capable of being
    diminished by births in the family. As separate property belongs
    exclusively to its owner, the question of predicating shares does not arise
    in the case of such property

    3. Acquisition of interest by birth:


    The children, grandchildren and great-grandchildren of the coparcener
    acquire an interest in the coparcenary property by birth. But, no other
    coparcener (not even his own son) acquires any interest by birth, in the
    separate property of a Hindu.

    4. Alienation by will:
    Prior to 1956, no coparcener could dispose of by will, his undivided
    interest in the coparcenary property, whereas separate property could be
    freely disposed of by will. But now, S. 30 of the Hindu Succession Act,
    1956, enables a Hindu to dispose of such interest under a will.
    5. Alienation by gift:
    Separate property can be gifted away by the owner, to any extent, and to
    any person. Thus, if the owner is the father, he can make a gift of his
    separate property even to a stranger, without the concurrence of his
    children. Likewise, he can gift it to one child to the exclusion of the
    other children, and so on. No coparcener can, however, alienate his
    undivided interest in the coparcenary property by way of gift, without
    the consent of the other coparceners. The only exception to this rule is
    that a father may make a gift of a small portion of ancestral property,
    within certain limits and under certain circumstances, to be discussed
    later. Even the Hindu Succession Act, 1956, has not made any provision
    for alienation of coparcener’s undivided interest by gift, as it has for
    alienation by will.

    6. Alienation by sale or mortgage:


    No coparcener can alienate his undivided interest in a coparcenary by
    sale or mortgage, without the consent of the other coparceners. This
    general rule admits of certain exceptions. Thus, the manager of a Hindu
    joint family can alienate, by sale or mortgage, a portion (or even the
    whole) of the joint family property for a legal necessity or for the benefit
    of the estate, even without the consent of the other coparceners.
    Likewise, if such manager is the father, he enjoys an additional power of
    such alienation for the payment of his antecedent debts which were not
    incurred for illegal or immoral purposes. (This will be discussed in
    greater detail later on.) The separate property of a coparcener can, on the
    other hand, be freely alienated by him, by way of sale or mortgage, or
    otherwise.

    7. Partition:
    A joint family or coparcenary property is liable to be partitioned,
    whereas there can be no question of partitioning the separate property of
    a member of a joint Hindu family.

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