Formation of Mitakshara coparcenary:- A single person cannot form a coparcenary. There should be at least two male
members to constitute it. Like a hindu joint family, the presence of a
seniormost male member is a must to start a coparcenary. A minimum of two
members are required to start and to continue a coparcenary. Moreover, the
relation of father and son is essential for starting a coparcenary. For
example, a hindu male obtains a share at a time of partition from his father
and then gets married. Till the son is born, he is the sole male in this
family, but he alone will not form a coparcenary. On the birth of his son, a
coparcenary comprising of him and his son, will come into existence. When this
son gets married, and a son is born to him, the coparcenary will comprise the
father F, his son S, and his grandson.
When a coparcenary is started, the
seniormost male member, with his son, that is, lineal male descendant, till
four generations (inclusive of him) of male line will form a coparcenary. If
there is a lineal male descendant in the fifth generation, he will be the
member of the joint family, but will not be a coparcenar as he is removed from
the seniormost male member by more than four generations.
When all the coparcenars die,
leaving behind only one of them, the surviving coparcenar is called the sole
surviving coparcenar. As a minimum of two male members are required to form a
coparcenary, a sole surviving coparcenar cannot form a coparcenary all by
himself.
Why is coparcenary limited? The
coparcenary is limited to three generations of lineal male descedance of the
last holder of the property owner. According to the tenets of hinduism, only
descendants up to three generations can offer spiritual ministrations to the
common ancestor. Besides, only males can be coparcenars because the females
invariably leave the father's house and assume domestic duties as they enter in
the husband's home.
