How to Understand a Coparcener & Property Rights in Undivided Families?

In this article, we examine the individuals who qualify to be coparceners under the Hindu succession laws and the rights of such coparceners.

According to the Merriam-Webster dictionary, the term coparcener, which has been in use since the 15th century, stands for ‘a joint heir’. The Collins dictionary also defines coparcener as a noun, to denote a person who inherits an estate as a co-heir with others.

The term has its equivalent in Hindi as समान उत्तराधिकारी or हमवारिस and it has a more specific meaning than just a joint heir, when applied in the context of Hindu laws.

Also read: What Is an Inheritance and Who Is an Heir?

Who is a coparcener under the Hindu law?

Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF). As per the Hindu Succession Act, 1956, any individual who is born in an HUF, becomes a coparcener by birth.

As per the Hindu Succession Act, 1956, any individual born in a Hindu Undivided Family (HUF) becomes a coparcener by birth. Both sons and daughters are coparceners in the family and share equal rights and liabilities over the property. A daughter remains a coparcener even after marriage and her children become coparceners in her share after her death.

What is an HUF?

An HUF is a group of people, who are the lineal descendants of a common ancestor. This group would include the eldest member and three generations of a family and all these members are recognized as coparceners.

According to the law, all coparceners acquire a right over the coparcenary property by birth, while their share in the property keeps on changing with new additions in the family.

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