IndiaCan coparcenary property be willed away?
No, a Hindu male coparcener cannot will away his undivided interest in coparcenary property under the Hindu Succession Act, 1956 — such interest devolves by survivorship, not by will.
What the Law Says
The Hindu Succession Act, 1956 governs inheritance and succession among Hindus in India. Its provisions on coparcenary property — especially Section 6 — determine whether a coparcener can dispose of their interest by will.
Coparcenary property refers to ancestral property held jointly by male members (and, after the 2005 amendment, daughters) of a Hindu Undivided Family (HUF). A coparcener holds an 'undivided interest' — not a defined share — which arises by birth.
Before the 2005 amendment, Section 6 stated that 'on the death of a member of a Hindu undivided family governed by the Mitakshara law, his interest in the coparcenary property shall devolve by survivorship upon the surviving members'. This meant no will could override survivorship.
Even after the 2005 amendment (which gave daughters equal coparcenary rights), Section 6 retains the principle that a coparcener’s interest devolves by survivorship — unless a partition has already taken place. Only after partition does the share become a definite, self-acquired asset that may be willed.
Statutory TextOn the death of a member of a Hindu undivided family governed by the Mitakshara law, his interest in the coparcenary property shall devolve by survivorship upon the surviving members.
— Hindu Succession Act, 1956, s. 6 — Devolution of interest in coparcenary property
What Courts Have Said
Indian courts have consistently held that a coparcener’s undivided interest is not capable of disposition by will while the coparcenary remains intact.
The Court clarified that a coparcener’s interest is not a tangible, ascertained share; it is fluctuating and subject to survivorship — hence, cannot be bequeathed by will.
Reaffirmed that the right to coparcenary property arises by birth and devolves by survivorship unless partition occurs first — making testamentary disposition impermissible pre-partition.
What to Do
Ensure a formal partition of the coparcenary property is effected (via registered deed or court decree) to convert the undivided interest into a defined, self-acquired share.
Only after partition can that specific share be bequeathed via a valid will.
Consult a lawyer to draft both the partition deed and will, ensuring compliance with the Indian Succession Act, 1925 and stamp duty requirements.
If the deceased attempted to will undivided coparcenary interest, surviving coparceners may challenge its validity in civil court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.