RIGHTS OF A MINOR COPARCENER

Richa Seth
School of Law, University of Petroleum and Energy Studies, Dehradun

Udit Capoor
New Law College, Bharti Vidyapeeth University, Pune


The Hindu joint family system is an inseparable association of the life of the Hindus as it has been steered that there is no escape of the Hindu from the Joint Family. A Hindu Joint Family sometimes comprises of a common antecedent and all his male lineal descendants upto any generation with their unmarried daughters, their wives and their widows. Coparcener is sometimes believed to be same in meaning as the joint family. The moment a child is born he gets his birth right in the coparcenary. A minor coparcener becomes a major coparcener once he attains the age of 18 years. However, the term coparcener in the Mitakshara School of law its membership is confined to the male descendants upto four degrees, but from a common male ancestor only. It is a very unique feature of the Indian law that is does not draw a difference between the minor and the major coparceners. Hindu Law has established it that the presence of a minor coparcener is not an obstruction against partition by the adult coparceners. An agreement of partition which is entered into by the adult coparceners is binding upon the minor coparceners too provided such agreements are not unfair or prejudicial in the interest of the minor coparceners. Where the partition agreement is not in favour of the minor coparceners and is prejudicial, they can set aside such an agreement when they attain majority by claiming the re-opening of the partition. A minor coparcener has the same rights as that of his father but with some reasonable restrictions upon the powers to alienate and partition of property. The research methodology adopted in this project is both descriptive and analytical because the provisions regarding this are well settled.


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