Coparcenary is a narrower body within a Hindu Undivided Family (HUF), consisting of members who have a birthright in the ancestral property of the joint family and can demand partition. Under Indian law, coparcenary is governed by the Mitakshara school of Hindu law, as modified by Section 6 of the Hindu Succession Act, 1956 (as amended in 2005), which includes both sons and daughters as coparceners by birth.
Legal definition
The concept of coparcenary is not defined in any statute but has been developed through Hindu law texts and judicial interpretation. Under the Mitakshara school, which governs the vast majority of Hindus in India, coparcenary originally consisted of the common ancestor and his lineal male descendants up to four generations (great-great-grandsons) who acquired an interest in the joint family property by birth.
The Hindu Succession (Amendment) Act, 2005 fundamentally altered this by amending Section 6:
On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall— (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son.
A coparcener is a member of the coparcenary — a person who has a birthright in the ancestral property and can demand partition. After the 2005 amendment, both sons and daughters of a coparcener are coparceners by birth.
Coparcenary property (also called ancestral property) is property inherited from father, grandfather, or great-grandfather. It is distinct from self-acquired property and passes by survivorship among coparceners.
How courts have interpreted this term
Vineeta Sharma v. Rakesh Sharma [(2020) 9 SCC 1]
The Supreme Court held that coparcenary rights of daughters under the amended Section 6 accrue by birth and are not contingent on the father being alive on September 9, 2005 (the date the amendment came into force). The Court declared that the amendment is retroactive in nature and that daughters who were born before the amendment also have coparcenary rights in the ancestral property.
Arunachala Gounder v. Ponnusamy [(2022) 4 SCC 385]
The Supreme Court clarified the limits of the 2005 amendment, holding that coparcenary rights acquired by daughters are subject to the savings clause — a valid partition or testamentary disposition effected before December 20, 2004 (the date of introduction of the Amendment Bill) would not be affected by the daughter's subsequent coparcenary rights.
Uttam v. Saubhag Singh [(2016) 4 SCC 68]
The Supreme Court held that upon the death of a coparcener, the undivided interest in coparcenary property devolves by testamentary or intestate succession under Section 6 (as amended), not by survivorship. This fundamentally changed the rule that coparcenary property passed by survivorship alone.
Why this matters
Coparcenary is the central concept in Hindu joint family property law. Understanding who is a coparcener determines who has a birthright in ancestral property, who can demand partition, and how property devolves upon the death of a member. The 2005 amendment's inclusion of daughters as coparceners is one of the most significant gender-equality reforms in Indian property law.
The practical implications are far-reaching. Before 2005, only sons acquired an undivided interest in coparcenary property by birth and could demand partition. Daughters received a share only upon intestate succession under Section 8, after the coparcener's death. After 2005, daughters can demand partition of ancestral property during the lifetime of the coparceners, significantly expanding their property rights.
For practitioners, the distinction between coparcenary property (ancestral property in which coparceners have a birthright) and self-acquired property (which the owner can dispose of freely by will) is critical. A coparcener can dispose of their undivided interest in coparcenary property by will, but the remaining coparcenary continues among the surviving coparceners. The interplay between survivorship, intestate succession, and testamentary disposition creates complex property disputes that require careful analysis of the family's generational property holdings.
Related terms
Broader concepts:
Related property concepts:
Cross-domain:
Frequently asked questions
Are daughters coparceners under Hindu law?
Yes. Following the Hindu Succession (Amendment) Act, 2005 and the Supreme Court's decision in Vineeta Sharma (2020), daughters of a coparcener are coparceners by birth, with the same rights and liabilities in coparcenary property as sons.
What is the difference between a coparcener and a member of a Hindu Undivided Family?
A coparcener has a birthright in the ancestral property and can demand partition. A member of the HUF is a broader category that includes all persons related to the common ancestor — including wives, mothers, and widows — who are entitled to maintenance from the family property but do not have a birthright to demand partition.
Can a coparcener dispose of their share by will?
Yes. Under Section 6 (as amended), a coparcener can dispose of their undivided interest in coparcenary property by will. If no will is made, the interest devolves by intestate succession under Section 8, not by survivorship.
What property qualifies as coparcenary property?
Coparcenary property is property inherited from the father, grandfather, or great-grandfather — ancestral property that has devolved undivided through successive generations. It does not include self-acquired property or property received by gift, will, or any source other than patrilineal descent.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.