Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,— (a) by birth become ... property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter
this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without
applicable to Hindus. Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi
were unable to inherit
the ancestral property like sons/male counterparts. The Mitakshara
coparcenary law not only contributed to discrimination on the ground
of gender ... case of death of a member of a
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coparcenary under the Mitakshara law, his right accretes to other
members by survivorship while under
devolution of the interest which a
male Hindu has in a Mitakshara property at the time of his
death. The proviso to Section 6 contains ... deceased creates a fiction by
providing that the interest of a Hindu Mitakshara coparcener
shall be deemed to be, the share in the property that
right by birth in the said property
in accordance with the Mitakshara Law. A joint written statement was filed
by all four brothers, including ... Section 6 , and that therefore the interest of the deceased in the
Mitakshara coparcenary property would devolve by intestate succession under
Section
Raja Dhrub Singh-Whether the said practice was
permissible by the Mitakshara law-Rule of desuetude or
obsolescence, explained.
HEADNOTE:
Raja Ugra ... governed by the Benaras School
of Mitakshara law established "Bettiah Raj" in or about the
middle of 17th century. It was known
joint family property of a Hindu family governed by the Mitakshara, Marumakkattayam or Aliyasantana law. (2) If a member of a Hindu coparcenary governed
deceased contributory was amember of a Hindu joint family governed by the Mitakshara School of Hindu Law, his legal representatives shall be deemed to include
convenient first of all to refer to the law laid down in
Mitakshara in regard to the father's right of disposition
over ... grandsons take in the same. Placitum 27, chapter 1,
section I of Mitakshara lays down:
"It is settled point that property in the paternal
