Coparcener as per Hindu Law: Meaning, Legal Rights & Share in Property
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A coparcener in Hindu law is a family member with birthright access to ancestral property within a Hindu Undivided Family (HUF). Post-2005 amendments, daughters also became coparceners. This blog explains coparcenary rights, duties, gender inclusivity, and inheritance laws to help families ensure fair property distribution and avoid legal disputes.
Contents
Frequently Asked Questions
1. Who are coparceners in HUF?
Coparceners in a HUF include all individuals born into the family up to four generations, including both sons and daughters (after the 2005 amendment). They have a legal claim on the ancestral property.
2. Who is called coparcener?
A coparcener is someone who acquires an equal, undivided right in the family’s ancestral property by birth. This includes sons and daughters of a Hindu Undivided Family.
3. Who will be coparcener in HUF?
All lineal descendants of the HUF’s common ancestor, up to four generations, are considered coparceners. This includes both male and female members born into the family.
4. What is the meaning of coparcenary?
Coparcenary refers to the joint ownership of ancestral property by a group of individuals in a HUF. They hold the property collectively and can only divide it through legal partition.
5. Can a wife be a coparcener?
No, a wife is a member of the HUF but not a coparcener. She cannot demand partition on her own, but she is entitled to a share when her husband or children initiate it.
6. Can coparcenary property be sold?
Yes, but only after partition. A coparcener can sell their share after it has been legally separated. Until then, the property cannot be sold without the consent of all coparceners.
7. What is coparcener in Hindu law?
A coparcener in Hindu law is someone who, by birth, acquires a right in the family’s ancestral property and can seek partition. This right now applies equally to both sons and daughters.