MANAGEMENT AND ENJOYMENT OF COPARCENARY PROPERTY.

RIGHTS OF THE COPARCENERS.

(1) COMMUNITY OF INTEREST AND UNITY OF POSSESSION: No coparcener is entitled to exclusive

possession of any part of the coparcenary property, nor is any coparcener entitled to any special interest in

such property. There is community of interest and unity of possession between all the members of the

family.

(2) SHARE OF INCOME: A member of a joint family cannot at any given moment, predicate what his share in

the joint family property is. Such a share is defined only when a partition takes place. The reason is that, his

share is a fluctuating one which is liable to be increased by deaths and diminished by births, in the family. It

follows from this that no member is entitled to a definite share in the income of the property. According to

the principle governed in the Hindu undivided family the whole income of the joint family property must be

brought to the common purse of the family

(3) JOINT POSSESSION AND ENJOYMENT: Each coparcener is entitled to joint possession and enjoyment. Of

the family property. If he is excluded from doing so, he can enforce this right by way of a suit. He is not

however bound to sue for partition. In a suit for joint possession the court would declare his right to joint

possession and further direct that he should be put into such joint possession.
(4) RIGHT AGAINST EXCLUSION FROM JOINT FAMILY PROPERTY: If a coparcener is excluded
from other coparceners from the use or enjoyment of the joint property the court may by an
injunction restrain such coparceners from obstructing him in the enjoyment of the property.

(5) RIGHT OF MAINTENANCE AND OTHER NECESSARY EXPENSES: Every coparcener is entitled
to be maintained out of the estate of the family. For this purpose he is entitled to the receive
from the coparcenary property, maintenance for himself his wife and children, as also for
those whom he is bound to maintain. Besides such maintenance a coparcener is also
entitled to get money from the coparcenary property for the purpose of the marriage of his
children and for the performance of the shradha and other religious ceremonies.

(6) RIGHT TO RESTRAIN IMPROPER ACTS: Every coparcener has the right to restrain improper
acts on the part of the other coparceners, where such acts cause substancial injury to his
rights as a member of the family.

(7) RIGHT TO ENFORCE PARTTION: Every adult coparcener is entitled to enforce partition of a
coparcenary property. He cannot however file a suit for a declaration of the amount of his
share as he has no definite share until partition.
(8) RIGHT TO ACCOUNT: A coparcener has no right to ask for the accounts from the manager as
regards his dealing with the coparcenary property. And the income thereof. Unless of course
such coparcener is suing for a partition in which case he would have such a right.

(9) RIGHT OF ALIENATION: No coparcener can dispose of his undivided interest in coparcenary
property by way of gift.

(10) RIGHT TO IMPEACH UNATHORISED ALIENATION: Every coparcenaer has the right to
impeach an alienation by the manager, or any other coparcener, in excess of their powers.
Such an alienation can be impeached only by a coparcener or by a transferee who has
acquired the entire interest of a joint family in the property alienated.

(11) RIGHT TO RENOUNCE: A coparcener has the right to renounce his interest in the
coparcenary property. He can do so by expressing his intention to that effect and if he does
so no other formalities would be necessary. Such a renunciation must however in the favour
of the whole body of coparceners. Even if he renounces in favour of one individual member
the renunciation will operate for the benefit of all the coparceners.
(12) RIGHT OF SURVIVORSHIP: All the coparcener in the joint family have a
right of survivorship in respect of the joint family property. Thus if one
coparcener dies his undivided interest in such family passes by survivorship
to the remaining coparceners, and not to his heirs by succession.
(13) RIGHT TO MAKE SELF ACQUISITION: A coparcener has the right to acquire
property of his own and keep it as his self acquired property. The other
coparceners would have no claim on such property.
(14) RIGHT TO MANAGE: A coparcener who is the senior-most member of the
family, is entitled to manage the coparcenary property and business, and to
look after the interests of the family on behalf of the other coparceners,
unless he is incapacitated from doing so by illness or other like and
sufficient cause.