Who Is a Coparcener under Hindu Law? Rights, Duties and Legal Position

This Case Analysis is written by Hitesh Bhootra, he is a 3rd-year LL.B. student at Aishwarya College of Education and Law. He also serves as an author at Lexful Legal.

Introduction

A coparcener is a unique individual in a Hindu Undivided Family (HUF) with the automatic right to inherit ancestral properties simply because they are born into that family. Other family members usually have only the right to support, whereas the coparceners have the full ownership rights and can even ask for the partition of the property. This concept is regulated by the Hindu law, especially the Mitakshara system, which is still mainly practiced in India.

The Hindu Succession (Amendment) Act, 2005, came with a very big change by giving equal rights to daughters along with sons in the case of a coparcenary. Before this amendment, only male heirs had the right to be coparceners. The current paper deals with who can be called a coparcener, the rights and duties of such a person, and the landmark judicial verdicts that have influenced this law.

Who is a Coparcener?

Putting it simply, a coparcener is one who has a right by birth in the ancestral property of a Hindu joint family. This is chiefly true for families adhering to the Mitakshara school of Hindu law, which is prevalent in a larger part of India.

Before 2005, only sons, grandsons, and great-grandsons were entitled to coparcener status. Daughters were not granted equal rights over inherited property. So, the Hindu Succession (Amendment) Act, 2005 says that the same rights on daughters as sons, now both sons and daughters are coparceners by birth.

Thus, a coparcener is the following:

• A son, daughter, grandson, or great-grandson of the family head.
• A person who automatically becomes a sharer in the ancestral property just by being born in the family.
• A person who has the right to ask for a division or partition of the property at any time.

Difference Between a Coparcener and a Member of the Joint Family ( HUF)

The terms “coparcener” and “member of the Hindu Undivided Family” are considered to be the same thing, but actually, Hindu Undivided Family and coparcener are two different things. Hindu Undivided Family and coparcener have meanings. When we talk about the Hindu Undivided Family, it is not the same as a coparcener. They are used to describe ideas.

Coparcener: a coparcener is a person who inherits the property of his/her ancestors from birth, such as a son, daughter, grandson, or great-grandson.

Member of HUF: A Member of HUF is made up of many peoples like coparceners. It also includes the wives, mothers, unmarried daughters and relatives too, as long as they all live together like one big family of the Member of HUF.

So, all coparceners can be members of the HUF, but not all the member of the HUF is a coparcener.

Amendments which were made in 2005:

Only male members got the coparcenary rights before 2005. The daughters by birth were not entitled to ancestral property. They could only get the property after the death of their father, like any other legal heir.

Later, the law was changed in 2005:

Equal rights were given to daughters with sons in the inheritance of ancestral property.

A daughter is a coparcener from birth, like a son.

She has rights to:

• Ask for a partition.
• Get a share in the property.
• Be a Karta (manager) of the HUF.
• She also has the same liabilities like paying family debts, which is earlier paid by son.

This change applies even if the father had died before the year 2005, provided that the daughter was alive on September 9, 2005 after the date of amendment came into effect.

What Are the Rights of a Coparcener:

A coparcener has some important rights in the ancestral property. These rights are not just theoretical they can be enforced by the court also.

1. Right to Ask for Partition

This is the most important right. Any coparcener (son or daughter) can demand that the ancestral property be divided and that each person gets their separate share.

– The demand can be made at any time, even if the family is still living together.

– Even a minor coparcener can ask for partition through a guardian.

– The court will divide the property and give each share to the coparcener.

2. Right of Joint Possession and Enjoyment

Before partition, the ancestral property belongs to all coparceners together. No single coparcener can claim property’s particular part belongs only to him or her.

– All coparcener is entitled to live in same the house, have right to the use land, and receive the equal share of the rent or other payments which get from property.

– In case another coparcener tries to remove another, the person who has been removed can file a lawsuit to get his/her right to the property.

3. Right to Maintenance

The whole property that belongs to the joint family must be utilized to meet the basic needs of all the family members.

– Coparceners and their wives, children, unmarried daughters have the right to maintenance from the family income.

– If the Karta (manager) refuses to provide maintenance, a coparcener can go to court for his rights.

4. Right to Ask for Accounts

The Karta manages the family property, but he or she is not the owner. The Karta is like a manager who looks after the property for everyone.

– Any coparcener can ask the Karta to show the accounts of income and expenses.

– If the Karta is misusing the property or hiding money, the coparcener can go to court and ask for an audit.

5. Right to challenge Unauthorised Sale or Transfe

Generally, a coparcener without taking the permission from other coparceners cannot dispose of his or her share in the ancestral property by the sale, mortgage, or gift.

– In some conditions, only the Karta is allowed to sell or mortgage the property, such as follows;

  – Legal needs such as to pay debts or for to use in medical treatment.

  – For the family’s benefit such as to make building or house and to start a business.

  – For religious or ceremonial purposes.

– If the Karta sells the property without giving justifiable reason and without permission the other coparceners have the right to file the suit in court and get the sale annulled.

6. Right to Make a Will

By following 2005 amendment, a coparcener has the right to make a will and give his or her share of ancestral property to anyone.

– Before 2005, the share would pass automatically to the surviving or left coparceners.

– At present, a coparcener can designate the recipient of his or her share after death.

7. Right to Be a Karta

In the old-time era, Karta of HUF could only be male members. However, after the 2005 amendment, a daughter could also become Karta of the family.

– she can manage the family property, open bank accounts and represent the HUF in legal and tax matters.

 Some Duties and Liabilities of a Coparcener:

With rights there is some responsibilities. A coparcener is not only entitled to take benefits but also has some duties and liabilities.

1. Liability to Pay Family Debts

In case of a Karta taking advances of money for the family (for instance, for

– education, marriage, or medical treatment), the debt is the responsibility of all the coparceners.

– The maximum limit on the liability is the share of each coparcener in the ancestral property.

– Creditors can collect the debt from the coparcener’s share, but not from his or her separate property (unless he or she has provided a personal guarantee).

2. Duty to Maintain Family Members

The coparceners ought to see that families are maintained decently.

– Family maintenance includes catering for the wives, children, unmarried daughters, and other dependents.

– In the case of a Karta’s non-response, others can take over or seek the court’s intervention.

3. Duty to Contribute for Family Expenses

As all the coparceners take use of the joint family property, it is necessary that they will also share the burden of family expenses.

– They should give their contributions towards food, education, medical treatment, and religious ceremonies, etc.

4. Duty Not to Misuse the Property

An ancient property should not be improperly utilized or ruined by a coparcener.

– For instance, he or she shall not do secretly the sale of family land or demolish buildings.

– In case of a coparcener misusing the property, others can file a case in the court and stop him or her.

5. Equal Liability for Daughters

The daughters are given the same liabilities as the sons after the 2005 amendment.

– They can’t demand equal access to the property and then argue that they are not accountable for family debts or maintenance.

– The law considers them equally in terms of rights and duties.

How to Protect Coparcenary Rights?

If a coparcener’s rights are being violated, he or she can:

• File a suit for partition to divide the property.

• File a suit for injunction to stop misuse or unauthorised sale.

• File a suit for maintenance if not being supported.

• File a suit for accounts if the Karta is not showing proper records.

Conclusion

The Hindu Succession (Amendment) Act, 2005 transformed the coparcenary system by allowing equal rights of daughters to sons regarding ancestral property. Daughters now by birth hold the coparcenary right, thus, they can claim partition, inherit in equal shares, and be the Karta of the HUF. Coparceners have rights such as joint possession, maintenance, and challenging unauthorized transactions, at the same time, they also have responsibilities for family debts and expenses. This amendment of landmark status strikes a balance between the traditional joint family structure and modern gender justice principles occurring simultaneously, thereby, both sons and daughters receiving identical rights and obligations in the management and inheritance of the Hindu Undivided Family property.