The Hindu Succession Act recognizes coparcenary rights, which are a form of joint tenancy whereby the heirs receive a right to a share in ancestral or coparcenary property at birth. Under Hindu Law, property can be coparcenary or separate. Coparcenary property can be ancestral property or joint family property that is not ancestral. Property inherited through the male lineage for four generations is ancestral. After joint family property has been distributed in accordance with section 8 of the HSA on principles of intestacy, the joint family property ceases to be joint family property in the hands of the various persons who have succeeded to it as they hold the property as tenants in common and not as joint tenants. (See Uttam vs Subagh Singh, Civil Appeal no. 2360/2016 Dt. 2nd March 2016.)
Uttam vs Subagh Singh, Civil Appeal no. 2360/2016 Dt. 2nd March 2016
When property is owned by joint tenants or tenants in common, each individual owns a share or interest of the entire property. When a property is owned by joint tenants with survivorship, the interest of the deceased owner automatically gets transferred to the remaining surviving owners. Tenants in common have no rights to survivorship. A deceased tenant in common’s interest belongs to her estate.