Hindu Succession Act, 1956
6. Devolution of interest in coparcenary property. —
(1) On and from the commencement of the Hindu Succession (Amendment ... same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been
Amendment Act 39 of 2005 and was
entitled to inherit the coparcenary property equal to her
brothers, apart from contentions based on individual
claims ... joint
family property by birth. They are also sharer
members of the coparcenary property at par
with all male members. When a partition takes
place
interest of the assessee in the coparcenary property of any Hindu undivided family of which he is a member; (iii) [any one building
Hindus. Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba
given retrospective
effect, when the daughters were denied right in the coparcenary
property, pending proceedings are to be decided in the light of the
amended ... coparcener. Any coparcener, including a daughter, can claim a
partition in the coparcenary property. Gurunalingappa died in the
5
year 2001, leaving behind two daughters
respect of schedule properties `A', `C' and `D' -
coparcenary property - the plaintiff claimed that he, 1st defendant
and 2nd defendant have ... without affecting the special
rights of the members of a Mitakshara Coparcenary. The Parliament
felt that non-inclusion of daughters in the Mitakshara Coparcenary
property
Very first step to
ascertain the share of the deceased in the coparcenary
property , by dong that alone can one determine the extent ... purpose of ascertaining the share of the
deceased in the coparcenary property, one cannot go back on
that assumption and ascertain the share
that therefore the interest of the deceased in the
Mitakshara coparcenary property would devolve by intestate succession under
Section 8 of the said Act. However ... argued that it is only the interest
of the deceased in such coparcenary property that would devolve by
intestate succession, leaving the joint family property
area by the cesser of such interest, including, in particular, a coparcenary interest in the joint family property of a Hindu family governed ... Mitakshara, Marumakkattayam or Aliyasantana law. (2) If a member of a Hindu coparcenary governed by the Mitaksha school of law dies, then the provisions
father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter
