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Coparcener In Hindu Law – Meaning & Legal Rights

by Ashiana / / 5883 views/ Reading Time: 5 minutes

In Hindu law, the concept of a coparcener holds great importance in understanding property rights within a Hindu Undivided Family (HUF). If you’re navigating the complexities of inheritance and family property, especially under the Hindu Succession Act, it’s essential to know the rights and duties of a coparcener. Whether you are a member of a Hindu family or someone keen to understand Hindu family law, this blog will guide you through the key aspects of coparcenary property and legal rights in India.

Coparcener In Hindu Law - Meaning & Legal Rights

Who is a Coparcener?


In the context of Hindu law, a coparcener is an individual who acquires a legal interest in an ancestral property by birth. Traditionally, only male members of a Hindu Undivided Family (HUF) were considered coparceners, but with the introduction of the Hindu Succession Act, of 1956, the law evolved. A key amendment in 2005 extended coparcenary rights to daughters, ensuring equal rights for both genders.

The coparcenary system exists under the Mitakshara School of Hindu Law, one of the two main systems that govern Hindu inheritance, which also includes the Dayabhaga School.

What is a Hindu Undivided Family (HUF)?


A Hindu Undivided Family (HUF) is a unique legal entity in Hindu law that includes all lineal descendants of a common ancestor, along with their spouses. In an HUF, the family members have joint rights over ancestral property. This joint family continues across generations, and the HUF manages shared assets until partition is requested.

The concept of HUF is governed by Hindu law, but it also applies to Sikhs, Jains, and Buddhists under Indian law.

Who can be a Coparcener as per Hindu Law?


A coparcener in Hindu law refers to any person who acquires an interest in the ancestral property by birth. According to the Hindu Succession Act, 1956, the following individuals can be coparceners:

  • Sons
  • Grandsons
  • Great-grandsons
  • Daughters (after the Hindu Succession Amendment Act, 2005)

Both male and female members born into the family are now eligible to be coparceners, thanks to the 2005 amendment.

What is Coparcenary Property?


Coparcenary property refers to the ancestral property inherited through successive generations in a Hindu Undivided Family. These properties are managed collectively, and every coparcener has an undivided interest in the property from birth.

This property may include:
  • Movable assets (cash, jewellery)
  • Immovable assets (land, houses)
  • Any property acquired through inheritance

What are the Legal Rights and Duties of Coparceners in HUF?


Definition and Eligibility


A coparcener holds a legal interest in the ancestral property from birth. Both male and female family members can now be coparceners under Hindu law.

Communal Interest and Possession


All coparceners have communal ownership of ancestral property. No individual coparcener has exclusive ownership of any portion of the property unless a formal partition is requested.

Share of the Coparceners


A coparcener’s share in the ancestral property fluctuates with changes in the family structure. With each birth or death in the family, the share of the property adjusts accordingly. Upon partition, each coparcener receives a defined share.

Right to Joint Possession


Every coparcener has a right to joint possession over the property. This right means that all coparceners can access, use, and enjoy the property without any exclusive possession.

Right to Maintenance


A coparcener is entitled to maintenance from the family estate. This includes financial support for personal expenses, marriage expenses, and other essential needs.

Restraining Improper Use


Coparceners have the right to restrain improper use of the coparcenary property. If any member misuses the property or wastes its resources, other coparceners can challenge the misuse legally.

Right to Demand Partition


One of the most critical rights of a coparcener is the right to demand partition of the family property. This means the coparcener can request a division of the property, effectively ending the joint status of the property.

Right to Alienation


Coparceners can alienate or transfer their share of the property. However, this right is subject to certain legal restrictions, such as requiring the consent of other coparceners for alienation of joint property.

Right to Manage


The Karta (head of the family) has the responsibility to manage the coparcenary property. However, all coparceners can participate in management decisions and challenge any mismanagement by the Karta.

What is the Difference Between a Coparcener and a Member of HUF?


While every coparcener is a member of the HUF, not all HUF members are coparceners. For example, wives of coparceners are members of the HUF but do not have coparcenary rights, meaning they cannot demand a partition.

Can a Woman Become a Coparcener?


Yes, as per the Hindu Succession (Amendment) Act of 2005, women are granted equal rights as coparceners. This amendment allowed daughters, both married and unmarried, to acquire the same property rights as sons.

For insights into the benefits of purchasing property in the name of a female family member, you can visit Ashiana Housing.

Recent Amendments in a Coparcener’s Role
The Hindu Succession (Amendment) Act of 2005 was a landmark change, as it allowed daughters to be treated as coparceners from birth. This amendment promotes gender equality, ensuring that daughters receive equal rights in the ancestral property.

Can You Sell a Coparcenary Property?


A coparcener can sell or alienate their share of the property, but only after partition or with the consent of all other coparceners. The sale of joint family property without partition is not permissible without mutual agreement.

Things to Note About Hindu Succession Law


  • The rules of HUF apply to Hindus, Buddhists, Sikhs, and Jains.
  • The Hindu Succession Act, 1956 governs the inheritance laws related to coparcenary and self-acquired property.
  • HUFs can hold both coparcenary (ancestral) and self-acquired properties, but the management of self-acquired properties lies solely with the individual.

Right to Property as Coparcener Differs from Right to Maintenance


The right to property as a coparcener and the right to maintenance are separate legal entitlements. A coparcener has an undivided interest in the ancestral property, while the right to maintenance is a financial obligation that the family must provide to its members.

The Dharwad Bench of the Karnataka High Court clarified the difference between granting property for maintenance and allocating a share in coparcenary property to a wife or daughter, emphasizing that exceptions to Section 6(1) of the Hindu Succession Act, 1956, do not apply if property partition contradicts a court order.

Lesser-Known Facts About Coparcener and Hindu United Family (HUF)


  1. 1. Birthright to Property: A coparcener acquires their interest in the family’s ancestral property by birth, meaning they do not need a will to claim their share in the property.
  2. 2. Extended to Daughters: After the Hindu Succession (Amendment) Act, 2005, daughters are recognized as coparceners, granting them equal rights to inherit ancestral property alongside sons.
  3. 3. Up to Four Generations: A coparcenary consists of the Karta (head of the family) and his lineal descendants, covering up to four generations. Beyond this, members lose their coparcenary status.
  4. 4. HUF Tax Benefits: An HUF is considered a separate legal entity under Indian tax laws, allowing it to file taxes independently, which can offer significant tax savings for families.
  5. 5. Female Karta: After the 2005 amendment, women can become the Karta (manager) of the HUF, which was previously restricted to male members.
  6. 6. No Right to Self-Acquired Property: Coparceners do not automatically have rights to the self-acquired property of other members in the HUF. Self-acquired property can be bequeathed as per the owner’s will.
  7. 7. Rights of Deceased Members’ Heirs: If a coparcener passes away, their legal heirs (such as children and spouse) can inherit the deceased coparcener’s share, maintaining the coparcenary structure across generations.

The Final Words


In countries like the USA, Germany, and France, gender-neutral inheritance laws ensure equality. Adopting a similar approach in India could lead to a more balanced inheritance system where gender plays no role in property rights. Coparcenary rights in India, governed by personal laws under the Hindu Succession Act, have evolved, particularly with the 2005 amendment that granted daughters equal property rights. Families dealing with HUF property or estate planning should seek legal advice to navigate these rights and ensure fair distribution aligned with current laws.

To know more about Coparcener and Property buying, please visit AshianaHousing.com.
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Q1. Who is a coparcener?

A coparcener is a person who acquires an interest in ancestral property by birth within a Hindu Undivided Family (HUF).

Yes, after the 2005 amendment, married daughters have the same rights as sons and are coparceners from birth.

Yes, under the amended Hindu Succession Law, a mother can become the Karta of a HUF.

Coparcenary property is inherited through generations, while an individual earns self-acquired property and is not part of the coparcenary.

Yes, every coparcener has the right to demand partition of the ancestral property. This comprehensive guide provides factual insights into the concept of coparceners, their legal rights, and how Hindu law has evolved.

About The Author

Ashiana, Ashiana Housing build homes. Homes surrounded by vast green spaces and fresh breeze. Homes cocooned in secured gated complexes. Homes where futures are forged and there are opportunities to grow. And Homes in environments brimming with healthy activity, trust and respect. At heart, we build communities with care.

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