In cultures that value collectivism such as that of India’s, property acts as a symbol of family values and identity. Therefore, the laws surrounding the ownership and inheritance of such property are ever-evolving and it is essential to have proper knowledge of such laws. Devolution of interest in coparcenary property is one such important legal concept that requires understanding. In this article, we will familiarise you with the devolution of interest in coparcenary property and its legal trajectory and implications.
See also: What is ancestral property? How is it divided?
Understanding the terms
Before going into the legalities, let’s acquaint ourselves with the terms:
Coparcenary property
An individual who has a claim over a share of ancestral property by birth is known as a coparcener. The Hindu Succession Act, 1956 states that a coparcener should be a member of the Hindu Undivided Family (HUF), i.e. all the descendants of a common ancestor as well as the wives of the male descendants.
The ownership of coparcenary property is such that it bequeaths inheritance of the property upon multiple people, with each individual owning undivided and transferable interest.
Devolution of interest
On the death of a coparcener, their share of the joint family property is passed on to the surviving members. This process of transferring property ownership is known as devolution of interest. However, the process is much more than a simple division of property among surviving family members. The transfer is governed by the Hindu Succession Act that clearly states the legal heirs entitled to a share of the property.Â
Legal trajectory
The Hindu Succession Act specifying the tenets governing the transfer of coparcenary property came to force in 1956. According to this, the male members of a Hindu joint family, namely sons, grandsons and great-grandsons were considered coparceners while the women of the family were not entitled to the property. On the death of the male coparcener, the devolution of interest occurred by survivorship, meaning that the remaining male coparceners automatically inherited their share. The female heirs of the deceased were entitled to a share only under the general rules of succession.
This act was amended in 2005 and significant changes were made to the provisions revolving around devolution of interest in coparcenary property. Under this amendment, daughters of a coparcener, like the sons, became coparceners by birth with equal entitlement to coparcenary property. Not only could they claim their share, but also had the right to demand partition and dispose of their share deemed suitable. Moreover, the amendment also abolished the devolution by survivorship and replaced it with testamentary or intestate succession. On the death of a male coparcener, his share would pass to his heirs according to the rules of intestate succession of the Act instead of simply being passed on to the survivors, thereby allowing daughters and widows of the family to claim their share as well.
Implications of the law
Let us have a look at what the legal provision implies:
Gender equality in property rights
Since the 2005 amendment grants equal rights to daughters to inherit coparcenary property alongside sons, it is regarded as a major step in addressing a long history of discrimination that denied daughters the birthright to ancestral property. Alongside being entitled to a share, daughters can also demand partition of the coparcenary property, thereby actively asserting their claim over it. Further adding to their autonomy, females can transfer their share through sale, gift or will as well.
Abolition of the rule of survivorship
It was highly common for widows and daughters to be left out of inheritance since the property devolved by survivorship, passing it to the remaining male coparceners upon the death of one of them. By prioritising succession, the law allowed daughters and other female heirs to claim their share in the inheritance.
Impact on the Hindu Joint Family system
The patriarchal norms governing the foundations of the Hindu joint family system were shaken with the introduction of this law. By including daughters as coparceners, it was seen to be enabling more partitions of joint family properties. Subsequently, it might lead to a fragmentation of family assets as there are more heirs claiming their share in the property.
Inheritance rights for married daughters
Married daughters were excluded from inheritance under the belief that they were a part of a different family before the amendment. The 2005 amendment ensured that marital status had no bearing on a daughter’s inheritance rights and married daughters were equally entitled to their parental family property.
FAQs
What is coparcenary property?
The ancestral property whose ownership is shared by multiple members of the Hindu joint family and is inherited by birth is coparcenary property. The coparceners enjoy undivided and transferable interest in the property.
Who are coparceners under the Hindu Succession Act?
The members of a Hindu joint family, including both male and female descendants and the wives of the male descendants, are regarded as coparceners.
What is devolution of interest in coparcenary property?
The transfer of a coparcener’s share of the property upon their death to the surviving members is known as the devolution of interest in coparcenary property.
How did the 2005 amendment change the devolution of interest?
The 2005 amendment granted daughters equal rights to inherit coparcenary property as sons and replaced the rule of survivorship with intestate succession.
Why was the rule of survivorship abolished?
The rule of survivorship automatically passed on the share of a male coparcener to the surviving male coparceners upon his death. This rule was abolished to allow women to claim an equal right over the share.
How did the 2005 amendment impact the Hindu Joint Family system?
The 2005 amendment has led to greater fragmentation of family assets by granting daughters equal rights over family properties.
What are the inheritance rights of married daughters?
The 2005 amendment ensures that marital status does not affect a daughter’s right to inherit property and gives them equal entitlement to family property.
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