Hindu Succession Act,1956- Rights of Daughters Explained - 2022

 A Joint Hindu Family was always considered to be a larger body than a Hindu Coparcenary under the old Hindu Law, even before the Hindu Succession Act of 1956 or its earlier enactments. As the name suggests, Hindu Joint Families include married and unmarried members lineally descended from the same ancestor.Coparcenary, however, consisted of a common male ancestor and the three lineal male descendants of that individual i.e., the common male ancestor, his son, his grandson, and his great-grandson. 

In the old Hindu law, joint Hindu family properties could only be owned by the male descendants of Coparcenaries. As mentioned, a Coparcenary would be comprised of male descendants up to three generations, i.e., up to the great-grandsons.

By virtue of birth or adoption, all male descendants would automatically become co-parents. Coparcenary status was not open to women from Hindu joint families. The old Hindu law recognized that only a co-marcener had the right to demand a division of a joint Hindu family property.  A Coparcenary was formed so that all joint Hindu family property would be owned by all the coparceners.

The Hindu law recognized that, upon the death of an individual coparcener, his share of the property would pass to the other coparceners by 'survivorship'. Therefore, it is impossible to determine at any given time what the share of a coparcener is until a partition occurs. A coparcener's share of a coparcenary property is always subject to change. The share of each coparcener would diminish with birth of another son and would increase upon death of a coparcener. Accordingly, only if the joint Hindu family estate is divided can the share of a coparcener be determined. Only after partition can a coparcener's share be determined with certainty. 

In 1969, the Hon'ble Supreme Court of India held, as follows regarding the Mitakshara coparcenary property as reported in 1969 (2) SCC page 53, "State Bank of India versus Ghamandi Ram (dead) through Gurbax Rai".

In accordance with Mitakshara School of Hindu Law, all property belongs to a Hindu joint family collectively in a quasi-corporate capacity owned by the joint family members." A joint Hindu family property is held in trust for future joint family members who will be born in the future or who will live at one point in time.

A statute codifying succession law was introduced in 1956, the Hindu Succession Act. The Hindu Succession Act, 1956, included a section dealing with the devolution of ownership interests in Mitakshara properties. The concept of ‘survivorship’ which was the sole basis of succession, under the old Hindu Law, amongst the Hindus governed by Mitakshara School, was duly recognised by Section-6 of the Hindu Succession Act, 1956.