Female Hindus as a coparcener after: The Hindu succession (Amendment) Act, 2005
Nishant Kumar Jilova
Coparcenary owes its origin to the concept of Daya i.e. property which has been explained by Vijnaneshwara while commenting on Yajnavalkyasmriti in the Daya vibhaga prakranam vayavahara adhaya. Here, it was discussed by the Vijnaneshwara that Daya is only that property which becomes the property of another person, solely by reason of relation to the owner. The words solely by reason of relation exclude any other cause, such as purchase. Narada also approves the meaning of the Daya which is a coparcenary property because according to him, sons can divide only father’s property which has been approved by the learned. Therefore, the unique concept of coparcenary is the product of ancient Hindu jurisprudence which later on became the essential feature of Hindu law in general and Mitakshara School of Hindu law in particular. The essence of coparcenary is unity of ownership with the necessary appendage of unity of possession. No coparcenary can commence without a common male ancestor, though after his death it may consist of collaterals such as brothers, uncles, cousins nephews etc. It is a purely a feature of law and cannot be created by a contract. However, an adopted son may be introduced as a member of the coparcenary. Once the common ancestor dies, the coparcenary of the brothers can be created.