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DR. RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

SYNOPSIS OF

FAMILY LAW

ON: THE EVOLUTION OF COPARCENARY RIGHTS AND ITS PRESENT FORM IN INDIA

Submitted to: Submitted By:

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SCOPE OF RESEARCH:

The scope of the project defined is to understand the topic “the evolution of coparcenary rights
and its present form in India”

OBJECTIVE OF STUDY:

The fundamental objective of this project is to look into the evolution of coparcenary rights and
analyse the same in its current form.

RESEARCH QUESTIONS:

1. What is the difference in the coparcenary rights between the Mitakshara and Dayabhaga
schools of Hinduism?

2. What are the main reforms brought by the Hindu Succession (Amendment) Act, 2005?

ABSTRACT:

The law regarding the coparcenary in the joint Hindu family has evolved over time. Before
independence various legislations were passed regarding coparcenary. The main change that has
been brought after the independence was in 2005 when the Hindu Succession (Amendment) Act,
2005 was enacted. This act changed the face of the Hindu Succession Act by giving equal rights
to women as that of the men. The women too can now be the coparceners.

It is necessary to understand that if equality exists only as a phenomenon outside the awareness
and approval of the majority of the people, it cannot be realized by a section of women socialized
in traditions of inequality. Thus there is need to create social awareness and to educate people to
change their attitude towards the concept of gender equality. The need of the hour is also to focus
attention on changing the social attitudes in favour of equality for all by enacting a uniform law.
Despite the enactment of the Hindu Succession (Amendment) Act, 2005 the law still has some
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anomalies. The future of coparcenary lies in the moving further ahead and improving the
position of women by giving effect to the solutions to the following anomalies in the Hindu
Succession Act, 1956.