An Explainer: Coparcener

Coparcenary is a term often used in matters related to the Hindu succession law, and coparcener is a term used for a person assumes a legal right in his ancestral property by birth. To understand this better, we have to first understand the term Hindu Undivided Family (HUF) .

According to the law, 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 recognised 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 into the family. Apart from Hindus, people from other religions such as Jainism, Sikhism and Buddhist are also governed under HUF. It must be noted here that coparcenary applies on both ancestral as well as self-acquired property. However, unlike ancestral property where all coparceners have equal rights over the property, a person is free to manage his self-acquired property through a will.

Before an amendment was made in the Hindu Succession Act, 1956, in 2005, women did not enjoy a right on their ancestral property post their marriage as they were not considered coparceners. However, after the amendment — the Hindu Succession (Amendment) Act, 2005 — women have been accepted as coparceners.