It is very important to understand the property rights of individual
Coparcener is a concept in the Hindu law and it is fundamental right. The term
coparcener means 'a joint heir', coparceners are the one who inherits the
ancestral property with others if it is The Income Tax Act accords HUF a unique
status and includes it in the definition of an individual under Section 2(31) of
However, Hindu law stipulates that a Hindu Undivided Family (HUF) is frequently
unified in both food and worship in addition to property. The Income Tax Act of
1961 does not provide a definition for the HUF. Families in Hinduism are states
of unity unless it can be shown differently with the exception of an adoption by
a member of HUF, "the HUF is a formation of law and cannot be created by the act
According to section 2(31) of the Income Tax Act," the HUF is a distinct legal
body, and as long as the HUF is in operation, no individual may be entitled to a
statement of comprehensive income tax assessment. Bachu ITO Lal Kapoor The
combined family, not the male members separately, is nonetheless liable for
income tax regardless of whether or not the family is reduced to only one
survivor (male or female).
Coparcener in Hindu Law
As such, a HUF may include large number of members, comprising female members
(as of September 9, 2005, regardless married or unmarried) as well as distantly
male blood relations. But, only men who are within 4 degrees of the common male
ancestor in lineal descent, as well as the daughter of the shared ancestor and
the common ancestor, are considered to be coparceners. The idea of a coparcener
is important since only coparceners may request division.
Other than coparceners in a HUF, the other male family members have no direct
claim to the HUF's assets and may only make claims through the coparceners.
Although a family member need not be a coparcener, the coparcener should be
family member. In Hindu Undivided Family, it can consist "large, small or
Differentiation between a member and a coparcener
A HUF as such may include female family members and distant male blood
relatives, and it may have a very large number of members. The only males and
females who are coparceners, however, are those who are within 4 degrees of the
same male ancestor in their line of descent. The idea of a coparcener is
important since only coparceners may request division. Other than the
coparceners in a HUF, the other family members may only make claims through the
coparceners and have no direct claim to HUF property.
Woman as Coparcener
In essence, previous restrictions forbade women from holding coparcenary status.
Since the Hindu Succession (Amendment) Act of 2005, which changed the succession
law, women have been recognised as coparceners. Now that both sons and daughters
are co-owners of the family's property, they each have an equal share of rights
and obligations. Even after getting married, a daughter retains her coparcener
status in the property, and in the event of her passing, her children take over
in her portion. Prior to the 2005 change, only males were coparceners in a HUF,
while all women were just considered 'members.'
"Their rights varied as a result of this variance. While a coparcener can seek
property partition, members such as daughters and mothers only have the right to
maintenance from the HUF property". As and when there was a division, they would
receive their portion. They lacked the authority to request a partition.
If a daughter marries, she loses her membership in the HUF and thus loses the
right to maintenance as well as a portion in the HUF's property if the division
occurs after her marriage. Additionally, only coparceners had the right to
become the Karta.
Rights and Duties of Coparcener in Hindu Undivided Family
Following the implementation of the Hindu Succession (Amendment) Act, 2005, Just
like the son, a coparcener's daughter might also become a coparcener in her own
right." Coparceners are the four generations, including the common ancestor, in
unbroken male descent." A coparcener in a coparcenary has the following rights:
- Right to renounce his interest:
A coparcener may assign his interest in the coparcenary estate to all or any
other coparceners, according to the Madras HC. The Bombay and Allahabad High
Court, however, believe that renunciation must be in the best interests of
all the co-defendants.
- Ability to revoke alienations:
Every coparcener has the right to revoke any alienation made by the father,
manager, or any additional coparcener working outside of his jurisdiction,
along with any that is not mandated by law or that results in a loss for the
- A coparcener may alienate his undivided interest in the coparcenary by
gift, sale, or mortgage with the consent of the other coparceners. Although
no such authorization is required in Madhya Pradesh, Madras, or Bombay.
- Right to joint possession:
According to Anant v. Gopal (11 Bom 269), The family's property is
entitled to joint possession and enjoyment by each coparcener. He is also
entitled to an injunction prohibiting another coparcener from interfering
with his possession and pleasure if the other coparcener stops him from
- Right to ask for accounts:
When filing for divorce, a coparcener may request an accounting of the
management of joint property so that he may understand the true status of
family assets'. If such a demand is refused, he has the right to prevent the
other co-owners from removing him from its management.
Community of interest and right to saving: No coparcener has a specified share
in coparcenary property or income, and he cannot claim to have a specific stake
in family property as long as the family is still together. The full income must
be brought into the shared account for usage by the entire intact family.
Right to enforce partition: Regardless of whether the other coparceners consent
to the division or not, any coparcener, whether major or minor, is permitted to
ask his father, brother, or grandfather to divide his portion.
The rights to stop an illegal act: A coparcener can stop any unlawful conduct
(such as the construction of a wall or other structure) via other coparceners on
ancestral property if it prevents joint enjoyment and significantly harms the
other coparceners' property or rights.
Right of common possession and common enjoyment: All the coparceners share a
common interest and hold the same property. No one has a particular claim to
coparcenary property, nor does anyone have the right to hold it exclusively in
whole or in part.
The term Hindu Undivided Family (HUF) is frequently used in discussions about
property laws. Wives and unmarried daughters are included in a HUF, which is
made up of all individuals who are directly derived from a single ancestor. HUF
regulations also apply to Jains, Sikhs, and Buddhists in addition to Hindus. The
Supreme Court (SC) has reaffirmed that all assets owned by a HUF will be
regarded as shared property. According to Indian law, each member of the family
has an equal claim to the property. Members of the undivided family are entitled
to only self-acquired property.
A bigger number of people from a family and its extended family, including
female members, make up a HUF. On the other hand, coparceners are constrained to
a maximum of four generations: the father, sons, grandsons, and great-grandsons.
Women started having relationships after 2005. A common male ancestor is
required for coparcenary to begin.
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