8 Important Rights of a Coparcener when Survivorship is Defeated – Hindu Law

The right of a coparcener to take by survivorship is defeated in the following conditions:—

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(1) When he on account of his congenital idiocy or lunacy becomes disqualified;

(2) He is given in adoption into another family;

(3) He surrenders his share in the coparcenary;

(4) His interest in the coparcenary property is lost due to adverse possession over it by others;

(5) A deceased coparcener has left behind—

(a) A male issue; or

(b) He has sold or mortgaged his share;

(6) The interest of a coparcener has been attached in execution of a decree against him;

(7) When a decree has been passed during his lifetime, even though his interest was not attached in his lifetime if the judgment debtor is in relation of father, grandfather or great grandfather of the surviving coparceners;

(8) Where the interest of the deceased coparcener has vested in the official assignee.

Some important changes were brought about by the Hindu Women’s Right to Property Act, 1937 in the law relating to Mitakshara coparcenary and survivorship. The deceased coparcener’s widow has been given the same right in the Mitakshara coparcenary property which the coparcener himself did have. Thus the introduction of a female in the Mitakshara coparcenary gave a serious blow to the rule of survivorship. After this change, the widow became entitled to an interest which was equal to the shares of other male descendants.