The System Of Copartionary

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.