Coparcener - Law Dictionary Search Results
Home Dictionary Name: coparcenerCoparceners or parceners
Coparceners or parceners. The name given to persons who until 1926 inherited an inheritable estate by virtue of descents from the ancestor which conferred on them all an equal title to it. It arose by act of law only, i.e., by descent, which, in relation to this subject was of two kinds:-(1) Descent by the common law, which took place where an ancestor died intestate, leaving two or more females as his co-heiresses; these, according to the canon of real property inheritance, all took together as coparceners or parceners, the law of primogeniture not obtaining among women in equal relationship to their ancestor: they were, however, deemed to be one heir; and (2) descent by particular custom, as in the case of gavelkind lands, which descended to all the males in equal degree, as the sons, brothers, or uncles of the deceased intestate ancestor; in default of sons, they descended to all the daughters equally.Coparceners had a unity though not an entirety, or necessarily an equality, of int...
coparcener
coparcener : a joint heir ...
Separate property
Separate property, a property obtained by the sole surviving coparcener in a family does not become his 'separate property' so long as there is a woman in the family who can bring into existence a new coparcener by adoption. Property held by a person as a sole surviving coparcener of a joint Hindu family is not his 'separate property' within the meaning of s. 3(1) of the (English) Hindu Women's Right to Property Act, 1937, Manohar Lal Ganeriwalla v. Bhuri Bai, AIR 1972 SC 1369 (1371): (1973) 3 SCC 432. See also AIR 1958 All 769 (772).Means in a community-property State property, that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party, or property acquired during marriage but after the spouses have entered into a separation agreement and have been living apart. Also called individual property, Black's Law Dictionary, 7th Edn., p. 1369.Means only self-acquired property of the coparcener and not the property which he has got on separati...
Common stock or common hotchpot
Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Coparcenary
Coparcenary, A Hindu coparcenary is narrower body than the joint family. Only males who acquire the birth an interest in the joint or coparcenary property can be members of the coparcenary or coparceners. A male member of the joint family and his sons, grandsons and great grandsons constitute a coparcenary, State of Maharashtra v. Narayan Rao Sham Rao Deshmukh, (1985) 2 SCC 321: AIR 1985 SC 716: (1985) 3 SCR 358.'Coparcenary' is a narrower body than a joint family and consists of only those persons who have taken, by birth, an interest in the property of the holder for the time being and who can enforce a partition whenever they like. It commences with a common ancestor and includes a holder of joint property and only those males in his male line who are not removed from him by more than three degrees. Thus, while a son, a grandson or a great-grandson is a coparcener with the holder of the property, the great-great-grandson cannot be a coparcener with him, because he is removed by more...
Dependent
Dependent, 'dependent' has a wholly artificial meaning different from its statutory definition. No coparcener in a Hindu undivided family is a dependent of the family; he is an owner of the entire property of the family in common with the other coparceners. His rights arise on birth into the family, and so long as the family remains joint, his internest in the property is no whit less than the interest of any other coparcener, C.F.T. v. Darshan Surendra Parekh, AIR 1968 SC 1125: (1968) 2 SCR 589. [Expenditure Tax Act, 1957, s. 2(g)]Means any person who is related to an emigrant and is dependent on that emigrant. [Emigration Act, 1983 (31 of 1983), s. 2(1)(c)]...
Release
Release [fr. relaxtio, Lat.], a gift, discharge, or renunciation of a right of action (see SURETY CON-SIDERATION); also a Common Law conveyance of a larger estate, or a remainder, or reversion to one already in possession, the operative verb in which is 'release'; hence the name. It operates or inures in five modes:-(a) By passing an estate to one or more already in possession (mitter l'estate), as where a coparcener conveys his estate to his coparcener, or where one of more than two joint tenants conveys his interest to one or more but not all of the others so as to sever that share. It also operates without mitter l'estate where one joint tenant releases his estate to the other, or all the other joint tenants so as not to create a severance. See Halsbury, L. of E., tit. 'Release.' In consequence of the privity between such parties, a fee-simple will pass without any words of limitation. Tenants in common, however, could not thus release to one another, since they had distinct interes...
parcener
parcener [Anglo-French, from Old French parÇonier, from parÇon] : coparcener ...
purparty
purparty [Anglo-French pourpartie, from Old French pur pour for + partie division] : a share or portion of an estate allotted by a partition to a coparcener ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial