The Coparcenary Concept

The basic concept of coparcenary is based upon common ownership by coparceners. When it remains undivided, the share of the coparcener is not certain. Nobody can claim with precision the extent of his right in the undivided property. Coparcener cannot claim any precise share as the interest in coparcenary is fluctuating. It increases and diminishes by death and birth in the family. The essential feature is aggregate ownership in coparcenary and that, the share keeps on fluctuating, was observed in Commissioner of Income Tax, Poona v. H.H. Raja of Bhor, (1967) (65) ITR 634. Once the constitution of coparcenary changes by birth or death, shares have to be worked out at the time of actual partition. The statutory fiction of partition is far short of actual partition. The shares will have to be determined in changed scenario.”

Hon’ble Justice Arun Mishra, Vineeta Sharma v. Rakesh Sharma, [Civil Appeal, Diary No. 32602 of 2019].