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.
Table of Content
• Introduction
• Who Are Coparceners?
• Types of Coparcenary Property
• What Is Devolution of Interest?
• How Does Devolution of Interest Work?
• Difference Between Ancestral and Coparcenary Property
• How to Claim Coparcenary Property in India
• Conclusion
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.
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 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 deceased son’s share would go to his legal heirs (e.g., his wife or children) as per the Hindu Succession Act, not directly to the father and surviving son unless they are the only heirs.
Equal Rights for Sons and Daughters: Before 2005, only sons had rights to Coparcenary property. However, the Hindu Succession (Amendment) Act of 2005 changed this.
Devolution of interest in coparcenary property section 6, Since the 2005 amendment, provide daughters equal rights to coparcenary property by birth, just like sons, regardless of their marital status.. This means that when a coparcener dies, their share of the property is divided equally among sons and daughters.
Notional Partition: What It Means and Why It Matters
What Is Notional Partition?
Notional partition is a way to figure out how much property a person who died owned in a family. It’s like pretending the property was split up right before they passed away, even though it wasn’t. This helps decide what share goes to their family.
How Does It Work?
Let’s say a father and his two sons own property together. If the father dies, we imagine the property gets divided into three equal parts—one for the father and one for each son. The father’s one-third share then goes to his family, like his wife or kids.
Rights of Widows and Other Heirs: Who Gets the Property?
Who Can Inherit?
When someone who owns family property dies, their share goes to their heirs. Heirs are people like:
• The widow (wife)
• Sons and daughters
• The mother
• Other relatives, depending on the family.
What Happens If There Are No Kids?
If the person who dies doesn’t have children, their widow gets a big part of their share. Other family members, like the person’s parents, might also get a piece.
Recent Legal Updates: Daughters Get Equal Rights
The 2020 Supreme Court Decision
In 2020, the Supreme Court of India made a big ruling in Vineeta Sharma v. Rakesh Sharma. They said daughters have the same rights to family property as sons, even if their father died before the law changed in 2005.
What Does This Mean for Families?
Now, daughters can claim their share of the property no matter when their father passed away. It’s all about treating sons and daughters the same.
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 primarily refers to ancestral property inherited from previous generations. Self-acquired property, earned by an individual, is not part of the coparcenary unless the owner chooses to merge it with the family property.
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.
Detailed Claim Process: How to Get Your Share
• Step 1: Gather proof of relation (birth, death, or marriage certificates).
• Step 2: Hire a lawyer knowledgeable in property laws.
• Step 3: File a partition suit if family disagrees.
• Step 4: Prepare legal documents with your lawyer.
• Step 5: Attend court for the judge’s decision.
• Step 6: Follow the court ruling for property division.
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.
This blog is for informational purposes only. Consult a legal professional for specific advice.
.webp)
.webp)
.webp)
