What Is Devolution Of Interest In Coparcenary Property?
Devolution of Interest In Coparcenary Property (the Hindu Succession Act 1956)
In India, it’s common for property to be owned by multiple family members. This type of property is called "coparcenary property." When a family member who owns this property passes away, their share needs to be redistributed.
This process is known as the "devolution of interest." Let’s break down what this means and how it works so you can understand how the property is shared among family members.
Who Are Coparceners?
Coparceners are family members who have a right to the property from birth. According to Hindu Succession Law, coparceners include:
• Father/Mother
• Son/Daughter
• Grandson/Granddaughter
• Great-grandson/Great-granddaughter
Since 2005, the law has been updated to include females as coparceners, giving them equal rights to the property just like their male counterparts.
What Is Devolution of Interest?
Devolution of interest refers to the way ownership of a property is transferred when a coparcener dies. Instead of just being shared among the remaining family members, the deceased coparcener’s share is passed on to their legal heirs according to the rules set by the Hindu Succession Law.
How Does Devolution of Interest Work?
When a coparcener passes away, their share of the property doesn’t simply remain with the surviving coparceners. Instead, their share is given to their family members, who have the right to inherit it. Let’s look at how this works in detail:
Death of a Coparcener: When a coparcener dies, their portion of the property is not left to the remaining coparceners. Instead, it is passed on to their legal heirs, like their spouse, children, and parents.
Distribution of Shares: The deceased coparcener’s share is divided among their legal heirs. For example, if a father had two sons and one son passed away, the property would be shared between the surviving son and the father, based on the succession laws.
Equal Rights for Sons and Daughters: Before 2005, only sons had rights to corporate property. However, the Hindu Succession (Amendment) Act of 2005 changed this. Now, daughters, whether married or unmarried, have the same rights as sons. This means that when a coparcener dies, their share of the property is divided equally among sons and daughters.
Types of Coparcenary Property
Coparcenary property generally falls into two categories: ancestral and self-acquired property. Ancestral property is inherited from ancestors and is passed down through generations, while an individual obtains self-acquired property through their efforts.
What Is the Difference Between Ancestral Property and Coparcenary Property?
Ancestral property is inherited from the family and is passed down from one generation to the next. It is shared among family members according to the rules of succession. On the other hand, coparcenary property includes both ancestral property and property that might have been acquired during the lifetime of the coparceners, as long as it is shared in the family.
How to Claim Coparcenary Property in India?
To claim corporate property, heirs need to follow certain legal steps. This usually involves proving their relationship to the deceased coparcener and submitting necessary documents to the legal authorities. Understanding these steps can help avoid disputes and ensure that everyone gets their fair share according to the law.
Conclusion
By knowing how devolution of interest works, you can better navigate the complexities of inheriting coparcenary property. This understanding helps in managing and distributing the property fairly among family members, avoiding conflicts, and ensuring everyone’s rights are respected.
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