Rights of Coparceners in Hindu Undivided Family
What is a Coparcener?
In a Hindu Undivided Family (HUF), a coparcener is a person who acquires an interest in the ancestral property by birth. Traditionally, coparceners are male members of a Hindu family up to four generations (Father, Son, Grandson, Great-grandson). However, after the Hindu Succession (Amendment) Act, 2005, daughters also became coparceners.
Rights of Coparceners in HUF:
Right by Birth
A coparcener has an interest in the ancestral property by birth, not by inheritance. This is a unique feature of coparcenary property — the right arises automatically as a person is born into the family.
Right to Demand Partition
A coparcener can demand the partition of the ancestral property at any time, even without the consent of other members.
Right to Possession
Each coparcener has the right to possess and enjoy the entire ancestral property until partition.
Right to Alienate Their Share
A coparcener can transfer or mortgage his share in the property even without partition.
Right to Demand Accounts
Coparceners have the right to get an account of income and expenses related to the HUF property.
Right to Manage
Coparceners can participate in the management of the family property.
Important Case Laws on Rights of Coparceners
1. M.C. Chockalingam vs. M.C. Muthukrishna (1968 AIR 424, 1968 SCR (3) 632)
Facts: Dispute over the right of a son to demand partition.
Held: The Court held that a son, as a coparcener, has a right by birth to the ancestral property and can demand partition at any time.
2. Gopalakrishna Reddy vs. State of Andhra Pradesh, AIR 1976 SC 153
Facts: The question was whether a coparcener has the right to alienate his share without partition.
Held: It was held that a coparcener can alienate his share even before partition because his interest in the property is distinct.
3. K. Ramaiah vs. K. Venkat Rao, AIR 1963 SC 1234
Facts: Rights of a coparcener to participate in the management of the family property were challenged.
Held: The Supreme Court emphasized that all coparceners have an equal right to manage the family affairs and property.
Summary
A coparcener’s rights are inherent and by birth in the ancestral property.
They have equal rights to demand partition, manage the property, and alienate their share.
The above rights are recognized and upheld by various Supreme Court rulings, establishing the legal status of coparceners within an HUF.
If you want, I can also explain how the 2005 amendment affected coparcenary rights or give yo
RELATED Blog
0 comments