coparceners

Coparceners are members of a Hindu undivided family (HUF) who acquire a birthright in the family’s ancestral property. In the traditional Mitakshara framework, a coparcener’s interest arises by birth in the family rather than by gift or purchase, and the property is held by the family as a unit. A coparcener has the right to demand a partition of the coparcenary property, and on partition each coparcener receives a defined share in accordance with the rules governing the coparcenary. The Hindu joint family’s head, known as the karta, typically manages the property while the coparceners retain their birthright rights and may seek dissolution of the joint tenancy through partition.

The concept and rights of coparceners have evolved through legislative reform. The Hindu Succession Act, as amended in 2005, extended coparcenary rights to daughters of a coparcener, granting them equal status by birth in the family. This means daughters can become coparceners in their own right and have the same entitlement as sons to demand a partition and to receive a share of the ancestral property, subject to the same conditions and processes as male coparceners.

In contemporary practice, the term coparcener appears primarily in the Indian legal context related to Hindu law and the management and succession of ancestral property within a Hindu undivided family. The precise application of these rights can depend on the date of birth, the family’s traditions, and applicable amendments to the law, so specific cases may require legal interpretation.