History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1178

v4.c63.1178

Here all are to be assumed to be males. A and his sons B and C may form a coparcenary. So also, if B and C have each a son, then A, B, C, D, E, will form a coparcenary. If D and E have respectively F and G as sons, all persons from A to G will form a coparcenary. But here the limit is reached. If X is born during the lifetime of A, he being the son of the great-grandson of A takes no interest by birth and is outside the coparcenary during A's lifetime. But if X is born after the death of A, then he forms a coparcenary with B, D, F. Suppose that B dies before A. That will not however introduce X into the coparcenary of which A is the head, as X being the son of A's great-grandson F takes no interest by birth in ancestral property held by A. Suppose that B C D E F and G all die in the lifetime of A, then A becomes the sole surviving coparcener and X is not a coparcener along with A, because he is 5th in descent (counting both A and X) from A. Suppose A the only surviving coparcener dies. Then X will take A's property as an heir and not by survivorship as a coparcener.