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Research Paper Volume 9 Issue 1 928 - 949 February 9, 2026

Coparcenary Property: Devolution and Legal Complexities in Hindu Law

Lead author · Corresponding
Mana Shah
Student at GLS University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1111282
Abstract

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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 928 - 949
DOI: https://doij.org/10.10000/IJLMH.1111282
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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