Under Hindu law, specifically governed by the Hindu Succession Act, 1956 (as amended in 2005) and traditional Hindu Mitakshara law principles, the right to claim a share in ancestral property arises primarily in a Hindu Undivided Family (HUF) context.

Who is a Coparcener?

A coparcener is a person who acquires an interest in ancestral property by birth in a joint Hindu family. Coparcenary includes:

• The father,
• His sons,
• Grandsons (male descendants up to four generations), and,
• Since the 2005 amendment, daughters too have been recognized as coparceners with the same rights as sons.

Persons Entitled to Claim Share:

1. Male Coparceners:
   Traditionally, under Mitakshara law, the property inherited from four generations of male ancestors forms the ancestral property. All male coparceners—father, son, grandson, and great-grandson—have a birthright to claim a share.
2. Female Coparceners:
   Before the amendment in 2005, daughters did not have coparcenary rights but were legal heirs entitled to maintenance and inheritance under separate provisions. However, after the amendment, daughters are full coparceners, meaning they have the same rights and liabilities in ancestral property as sons, including the right to demand partition.
3. Widows and Other Heirs:
   Widows, although not coparceners, are entitled to maintenance and may inherit ancestral property in the absence of male heirs under the succession laws.
4. Descendants and Legal Heirs:
   If a coparcener dies, their legal heirs (including sons, daughters, wife) may claim the deceased’s share. The property remains ancestral until partition.

Rights of Coparceners:

• Each coparcener has a right by birth to demand a share in ancestral property.
• They have the right to seek partition of the property.
• They share equal ownership and liability for debts related to ancestral property.
• Any transfer or alienation of ancestral property by one coparcener without consent of others is generally invalid.

Important Legal Points:

• Ancestral property includes property inherited from the father, grandfather, or great-grandfather without partition.
• Once partitioned, the property ceases to be ancestral and becomes self-acquired property of each coparcener.
• The right of daughters as coparceners was solidified by the Supreme Court in cases like Vineeta Sharma v. Rakesh Sharma (2020), affirming daughters’ equal rights.

Under current Hindu law, all sons and daughters born into the family are coparceners with birthrights in ancestral property. They can claim their share, demand partition, and enjoy equal ownership rights. Other heirs, like widows, have rights as per succession laws but are not coparceners. This legal framework ensures equitable distribution of ancestral property among all rightful heirs.