Who are the Coparceners in HUF?

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.

Who are included in Coparcenary?

A coparcenary consists of a ‘propositus’, that is, a person at the top of a line of descent, and his three lineal descendants — sons, grandsons and great-grandsons.

Is Karta a Coparcener?

Under the Indian succession laws, a Hindu Undivided Family (HUF) consists of coparceners and members. The eldest coparcener of the HUF is the Karta of that family, who acts as the head and is responsible for managing its affairs, legal and financial.

Is son in law member of HUF?

Members of HUF: Any other distant Relatives who are not the Family Member (e.g. Brother-in-law, Sister-in-law etc.) would be deemed as the Member of HUF. Although they are Members of HUF, they are not the Co-Parceners.

Can a married daughter be a Coparcener in HUF?

Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. However, after the amendment the daughter married or unmarried, is now considered as co-parcener like a son.

Who are Coparceners in one word?

noun. A person who shares equally with others in the inheritance of an undivided estate or in the rights to it (in the UK now as equitable interests). ‘All the coparceners have unity of possession and community of interest in the joint family property. ‘

Will of Coparcenary property under Hindu law?

In a landmark judgement, on August 11, 2020, the Supreme Court has held that daughters will have coparcenary rights on their father’s property, even if the latter died before the Hindu Succession (Amendment) Act, 2005, became effective.

Can a married daughter be a member of HUF?

Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. Thus in event of partition of her Husband’s HUF, she has one share in such property.

Can a wife be a Karta of HUF?

It is important to note that the Act recognises wives and daughters-in-law only as members of a HUF, not as coparceners. It means they cannot become Karta as only coparceners are eligible to be Karta of HUF, but will get husband’s share in an estate after his death.

Who Cannot be a Karta?

2. Junior male member: In the presence of a senior male member, a junior male member cannot be the Karta. However, with the consent of all the coparceners, a junior male member can be appointed as a Karta.

Who is a coparcener in a Hindu family?

Whereas a Hindu Mitakshara Coparcenary is a body narrower than a Hindu joint family and consists only of males of upto 4 generations who acquire an interest in the Coparcenary property or the joint family property by birth with a unity of possession. The person having interest in the coparcenary property is known as a coparcener.

What is coparcenary meaning-Hindu law?

Coparcenary Meaning-Hindu Law: Every Coparcenary starts with a common Ancestor which after his death consists the collateral only. The natural persons farming for the time being the members of un an undivided Hindu family, fluctuate both by births and deaths in the family.A Coparcenary must be a family United and must process property.

How is a Hindu Mitakshara coparcenary different from a Hindu family?

Whereas a Hindu Mitakshara Coparcenary is a body narrower than a Hindu joint family and consists only of males of upto 4 generations who acquire an interest in the Coparcenary property or the joint family property by birth with a unity of possession.

How does a male become a coparcener in India?

In the Mitakshara school, which prevails in most parts of India, a male’s right to be a coparcener is by birth.