Coparcener as per Hindu Law: Meaning, Legal Rights & Share in Property

A coparcener, according to the Hindu Succession Act of 1956, refers to an individual who receives a legal right to ancestral property by birth. A coparcener is also a member of a Hindu Undivided Family (HUF) and can call for the division of ancestral property. Let us understand more about coparceners' meaning and associated rights and responsibilities.

What is Coparcener Meaning?

The coparcener meaning in Hindu law refers to an individual who gains a right in the family's ancestral property by birth. This right is part of a Hindu Undivided Family (HUF) structure and is governed by the Hindu Succession Act, 1956. If you are wondering what is coparcener in a practical sense, they are more than just a family member; they have legal standing to demand partition of the ancestral estate and a share in it.

Originally, only male members, including sons, grandsons, and great-grandsons, were recognised as coparceners. However, after the 2005 amendment, daughters are also coparceners by birth, with the same rights and responsibilities as sons.

What is a Hindu Undivided Family (HUF)?

A Hindu Undivided Family (HUF) is a concept in Hindu law that signifies the joint or undivided status of a Hindu family. It originates from a common ancestor and includes all descendants in the family, regardless of gender, along with wives and unmarried daughters. To constitute a HUF, there must be at least two members, male or female. While a daughter is considered part of the HUF until her marriage, she typically becomes a member of her husband's family after marriage.

What is Coparcenary Property in Hindu Law?

Coparcenary property is inherited property that passes undivided through generations in a HUF. This doesn’t include self-acquired assets or property received through gifts or wills.

Under Mitakshara law, coparcenary property is held jointly by all coparceners, and no one has an exclusive right until the property is divided. Each coparcener’s share keeps changing with the birth or death of other coparceners in the family.

For instance, if a family consists of a father, his son, and grandson, all three hold equal rights in the ancestral property. If another son is born, the share of each existing coparcener reduces accordingly.

Can Women Become Coparceners?

Before the amendment of the Hindu Succession Act 1956, women were not considered coparceners and did not possess rights to ancestral property after marriage. However, in 2005 amendments to the Hindu succession law were introduced. Women now hold coparcener status, with equal rights and liabilities over the property. The Supreme Court of India ruled that daughters are coparceners by birth and retain this status even after marriage or their father's demise and their children inherit coparcenary status upon their demise.

What are the Rights and Duties of a Coparcener in HUF?

The rights of coparceners in Hindu law come with certain duties. Here are the key points:

• Right to Partition: Every coparcener, irrespective of age or gender, can ask for division of coparcenary property. A legal guardian can make the request on behalf of a minor.
• Right to Joint Possession: A coparcener has a right to reside in the ancestral home and use common property without needing permission from others.
• Right to Maintenance: Every coparcener is entitled to support from the joint family estate, including for marriage expenses or essential needs.
• No Right to Exclusive Sale: A coparcener cannot sell or transfer coparcenary property independently. Consent from all coparceners is essential. Even the Karta of the family can only sell in case of legal necessity.
• Duty to Prevent Misuse: If a coparcener is misusing the property, others have the legal right to object or intervene.
• Share Becomes Fixed Only Upon Partition: The share of a coparcener is not static. It becomes defined only when the partition is carried out.

These rights of coparceners strengthen the legal and familial structure of the HUF while ensuring no single person dominates the family estate.

Key Points to Consider about Hindu Succession Law

• The concept of coparceners meaning in Hindu law applies not only to Hindus but also to Jains, Buddhists, and Sikhs.
• All coparceners are HUF members, but not every HUF member is a coparcener. For instance, a wife is a member but not a coparcener.
• After the 2005 amendment, daughters have equal rights in coparcenary property and can even act as Karta if they are the eldest.
• A daughter remains a coparcener even after marriage. If she passes away, her children inherit her share.
• Self-acquired property of an individual is not part of the coparcenary property and can be passed through a will.

These rules reflect how inheritance and coparcenary rights have evolved within Hindu law, ensuring fair treatment for both male and female heirs.

The Final Word

Understanding what is coparcener in Hindu law and what rights come with it can help families manage inheritance with clarity and fairness. The 2005 legal changes gave daughters equal footing in the family structure, making the law more inclusive.

Whether you are part of a large joint family or a small nuclear unit with ancestral property, being aware of these rights can help avoid confusion and disputes later. Always keep your records up-to-date and consider legal advice when planning a partition or sale of ancestral property.