Mitakshara coparcenary-formation and incidents

Suppose your great-grandfather bought a house in Girgaon, your grandfather kept it, your father lives in it, and you were born into it. Do you own a share today, or only after your father dies? And if your father’s salary buys a flat in Kharghar, is that flat also yours by birth? Mitakshara law answers the first question with yes and the second with not automatically, and the difference is the whole subject of coparcenary and its property.

In two minutes

A Mitakshara coparcenary is the body of persons who acquire by birth an interest in ancestral joint property; its incidents are community of interest, unity of possession, birth-right, survivorship (now modified by s.6(3)) and the right to demand partition.

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