CLAT Exam > CLAT Videos > Legal Reasoning for CLAT > Joint Heirship - Coparcenary - Family Law
Joint Heirship - Coparcenary - Family Law Video Lecture | Legal Reasoning for CLAT
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FAQs on Joint Heirship - Coparcenary - Family Law Video Lecture - Legal Reasoning for CLAT
| 1. What is joint heirship in family law? |  |
Joint heirship in family law refers to a situation where multiple individuals inherit property or assets together as co-heirs. It means that all the heirs have an equal right to the inheritance and share it collectively. This concept is often seen in cases where there is no will, and the property is distributed among the legal heirs according to the rules of succession.
| 2. What is coparcenary under family law? | |
Coparcenary is a legal term that refers to a system of inheritance where only male descendants of a common ancestor can inherit ancestral property. In this system, all the male members of a family who are within the same lineage have an equal right to the ancestral property, irrespective of whether they are direct sons or grandsons. The coparcenary is governed by the Hindu Succession Act, 1956, and has undergone significant changes over the years to ensure gender equality.
| 3. How does joint heirship differ from coparcenary? | |
Joint heirship and coparcenary differ in terms of the individuals who can inherit the property. Joint heirship includes all legal heirs, both male and female, who inherit the property collectively and equally. On the other hand, coparcenary is limited to only male descendants within the same lineage and grants them an equal right to ancestral property. Joint heirship is a broader concept that encompasses coparcenary but also includes other relatives who are entitled to inherit.
| 4. Can coparcenary rights be inherited by female descendants? | |
Yes, coparcenary rights can now be inherited by female descendants. Earlier, under the Hindu Succession Act, 1956, only male descendants had coparcenary rights. However, the law was amended in 2005 to remove this gender-based discrimination, granting equal rights to daughters in coparcenary property. This amendment ensures that daughters also have an equal share in the ancestral property and can inherit and hold coparcenary rights.
| 5. How does joint heirship affect the division of property in case of disputes? | |
In case of disputes, joint heirship can complicate the division of property. Since all the heirs have an equal right to the inheritance, disagreements may arise regarding the distribution or management of the property. In such situations, it is advisable to seek legal assistance to resolve the disputes and ensure a fair and equitable division of the assets. Mediation or arbitration processes can be utilized to reach a consensus among the joint heirs and prevent prolonged legal battles.
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Nov 22, 2024 Last updated |
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