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What Coparcener Means in HUF?

what coparcener means in huf

Coparcener means 'Joint Heir' in a Hindu undivided family (HUF). They are the persons that have legal rights to obtain the ownership of an ancestral property, title, and money as per the Hindu Succession Laws. All coparcener members belong to HUF, but all HUF members cannot be coparceners all the time.

Keep reading to learn more about a coparcener in HUF, their significance, roles and responsibilities, and more.

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What is Coparcenary?

Coparcenary refers to an individual who has the potential to undertake legal ownership of an ancestral property by birth. It stands for ‘possession and interest’, ‘unity of title’.

As per the Hindu Succession Act of 1956, a person born in a Hindu Undivided Family (HUF) has the legal right over his ancestral property. A coparcenary has a lineal descending succession of up to four generations.

What is the Significance of Coparcenary?

Coparceners are individuals that have the legal right to become an heir of an ancestral property. Here are some important features of the coparcener:

Creation of Law: Hindu coparceners are treated as unadulterated matters of the law excluding those members who are adopted. This is because it brings a stranger into the family which cannot be formed by the act of parties. Coparcenary members are related only by blood. It is different from a normal family, whose continuation relies on tradition and agreement.
N Role of Female Members: When it comes to female members, no woman can be a coparcener before the Amendment of 2005, even though she is a part of the joint Hindu family. Even if a wife has the right to manage her husband's assets, she cannot become the coparcener of her husband. Earlier, before the amendment, there was discrimination that coparceners were unfair to daughters, and its roots were found in masculine culture. However, as per Section 6(1) of the Hindu Succession (Amendment) Act, 2005, daughters have the option to join a coparcenary right after their birth.
Common Ownership: The most prominent property of Mitakshara Coparcenary is that all members of a Hindu Joint Family enjoy joint possession and ownership of property among the coparceners. As per the Mitakshara Law, a joint family is a group of people where no single member of the undivided family can claim a certain percentage of the joint property in the family. The fluctuations of a person’s interest, and can be affected both negatively and favourably by family births and deaths.
End of Coparcenary: A coparcenary is not at all considered non-existent till the last coparcenary dies. Hence, the coparcenary system endures even if there is a single coparcener. In case there is a potential female member who can give birth to a new male member, the family cannot be considered at an end, even after the death of the last remaining coparcener. In comparison with the joint family system, the membership does end even if every male member is dead. Under such circumstances, two widows or unmarried daughters can start a joint family by adoption or if they get pregnant during their spouse’s death.
Attainment of Interest by Birth: Precisely, the four male children along with the final holder of the family are considered as the members of the coparcenary. They attain interest in the property just after their birth. These four male descendants together make the foundation of the membership of the coparcenary under the creation of law and not any contract.

What Are the Different Rights of Coparceners?

Mentioned below are the rights and obligations of coparceners in HUF:

Share of Coparceners: In general, the share of coparceners is determined by survivorship in accordance with the Mitakshara system. This share rises when an individual in HUF dies and reduces a member of the family. Subsequently, the share becomes well-defined if there is a partition of the ancestral property.
Right to Joint Possession: Members of the Hindu Undivided Family (HUF) possess equal rights to share the coparcenary property. Besides, all coparceners, whether adults or youngsters have the right to get the partition of ancestral property.
Joint Interest and Possession: No coparcener members of HUF enjoy their individual right on ancestral property under any situation. In the case of legal rights over coparcenary property, the HUF members have a shared unity.
Restraining Improper Use: As per Hindu Law, if a coparcener individual mismanages their coparcenary property, the other coparcener members can take legal action against that person to protect the property from any further misuse.
Right to Demand Partition: Every coparcener irrespective of being an adult or teenager has the right to ask for partition of the ancestral property. However, in this case, that person cannot demand a particular amount of share since it remains fixed after partition.
Right to Alienation: No one except the Karta has the liberty to alienate the joint family property. However, the Karta can do it only if there is a legal need for the betterment of the estate or if there is a crucial duty that needs to be conducted.
Right to Control: Even though a Karta has power over an ancestral property, it does not mean that the person can influence the interest or share of the asset among the coparceners. It is worth noting that coparcenary rights come under personal laws such as the Hindu Succession Act, and can change based on various circumstances and legal provisions. For a member of HUF, taking legal advice from a professional is essential to understand the coparcenary rights so that they can claim and manage their ancestral property diligently.

FAQs Related to Coparcener

All

How is the coparcenary property distinguished from a self-acquired property?

Coparcenary property means an ancestral property which is passed down from one generation to another in a Hindu Undivided Family (HUF). On the contrary, when it comes to self-acquired, it is owned by individuals through their own efforts like by purchasing or tradition.

What is a disqualified coparcener?

Disqualified coparceners are the individuals who are underprivileged in their share at the time of partition owing to disqualification or technical constraint.

Can an ancestral property be sold without partition?

Selling an entire property without partition comes under the violation of the court of law. Hence, it is sensible to sell an ancestral property after partition.

What is the current judgement of the Supreme Court on HUF property?

According to the current deceleration of the Supreme Court, a Hindu father or any other member of a HUF possesses the power to use an HUF property for a 'pious purpose like offering it as a gift or for charity.

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