Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956

Two cousins in Pune both inherit a share of a family shop that their great-grandfather started. One of them says, I am a co-owner from the day I was born. The other, a girl, used to be told she was not. The shop is ancestral property held in a joint Hindu family, and the question of who owns what when a member dies is exactly what section 6 of the Hindu Succession Act is about.

In two minutes

Since the 2005 amendment, a daughter of a coparcener is a coparcener by birth like a son (s.6(1)), and when a coparcener dies his interest passes by succession, worked out by treating the property as if partitioned just before his death (s.6(3)).

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Family Law – II on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.