Who is Coparcener and his rights?

Who is Coparcener and his rights?

Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. They are the head of the family or Karta and the three subsequent generations of the Karta which include his sons, grandsons, and great-grandsons.

What is a Coparcener in India?

A coparcener is a person who acquires interest in the joint family property by birth. The essential difference between a ‘coparcener’ and a ‘member’ of an HUF is that a coparcener can enforce partition of the HUF, while a member cannot.

Can a married daughter be a Coparcener?

After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.

What is difference between member and Coparcener in HUF?

All the members of the Karta’s family can be members of the HUF. The male members are called coparceners, while the females are referred to as just members. The difference between the two is that any of the coparceners can demand partition of the HUF.

What is the meaning of coparcenary in Hindu law?

The concept of coparcenary as understood in the general sense under English law has different meaning in India or Hindu legal system. In English law, coparcenary is the creation of act of parties or creation of law. In Hindu law, coparcenary cannot be created by acts of parties, however, it can be terminated by acts of parties.

Can a female coparcener in a Hindu family?

After enacted of Hindu Succession Act, 2005 female can also be a coparcener in the ancestral property. In Dayabhaga School both male and female are coparceners in their father’s property. Coparcenary is found in Hindu Undivided Family. Coparcenary comes to an end only by the way of partition.

What is the difference between coparcenary and 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.

What are the rights of a coparcener in Madras?

The account details must be shared with them while reporting the same with other coparceners. According to the Madras High Court, the coparcener has the right to renounce his or her share within the coparcenary property, especially in favor of anyone of every other coparcener.