Power of ‘Coparcener’ of HUF

 

1. Power to demand partition


The Coparcener has the power to demand partition qua his share in the joint hindu family property. This power is absolute and once it is demanded, the Karta is supposed to act upon the same. However, it may be noted that in the case of Jagatram Ahuja v. CG1, (2000) 8 SCC 249, at page 258 [AIR 2000 SC 3195] the Apex Court held that in the case of Hindu joint family, the coparceners do not have exclusive rights on any specific property of the family, the property allotted to their shares become specified only on partition In the said case the Apex Court further clarified as follows:


A member of a 1-lindu undivided family who, as mentioned earlier, has no definite share in the family property before division, cannot be said to diminish directly or indirectly the value of his property or to increase the value of the property of any other coparcener by agreeing to take a share lesser than what he would have got if he had gone to court to enforce his claim. Till partition his share in the family property is indeterminate. He becomes entitled to a share in the family property only after the partition. Therefore there is no question of his either diminishing directly or indirectly the value of his own property or of increasing the value of the property of anyone else.


2. Power to dispose off the share of joint family property


The Coparcener has also right to dispose of his share of the coparcenary property by way of a will to any person.


3. The senior most Coparcener has the right to be appointed as the Karta of the family.

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