Student at GLS University, India
Coparcenary in Hindu law represents a distinctive joint property ownership system under Mitakshara jurisprudence, historically excluding women from inheritance rights. The Hindu Succession (Amendment) Act, 2005, revolutionized this institution by granting daughters equal coparcenary rights with sons, creating significant legal complexities in property devolution, partition, and succession. This paper examines coparcenary's historical evolution, analyzes statutory modifications through the 2005 Amendment, and investigates judicial interpretations shaping contemporary coparcenary rights. Through systematic analysis of landmark judgments, statutory provisions, and scholarly literature, the study identifies critical implementation challenges including retrospective application ambiguities, multi-generational partition procedures, and property valuation complexities. While legislative reform successfully addressed gender discrimination, implementation challenges persist regarding procedural clarity, judicial consistency, and balancing daughters' newly recognized rights with pre-amendment expectations. The study proposes legislative clarifications, procedural standardization, and enhanced dispute resolution mechanisms to facilitate effective coparcenary reform while minimizing disruption to family property arrangements.
Research Paper
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 928 - 949
DOI: https://doij.org/10.10000/IJLMH.1111282
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