Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,— (a) by birth become a coparcener ... property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under 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
Hindu
law, which prevailed. When the law was silent on certain aspects,
Judicial decisions also acted as a source of law. Hindu law ... thereafter to be born (see Mitakshara, Ch. I, 1-27).
The incidents of co-parcenership under the Mitakshara law are:
first, the lineal male descendants
Law the parties are governed by customary law, and, in the absence of any rule of customary law on the point in question, by Mitakshara ... known to Mitakshara law and is wholly untenable. In Mayne's Hindu Law, 11th Edn., p. 347, law as thus stated:
"So long
operation of the original law of Mitakshara coparcenary property to cases where the deceased governed by the Mitakshara law had an interest in a Mitakshara ... John D. Maynes Treatise on Hindu Law and Usage that, under the law relating to the Mitakshara coparcenary property, there can be no succession
down the rule of law which, under the Mitakshara law as administered in this Presidency, is applicable to the facts of the present case ... before partition." It is now well settled that under the Mitakshara law as it is administered in Madras and Bombay one co-parcener
whether a father of a Hindu family governed by the Mitakshara law, can execute a mortgage which will be binding upon his sons where ... money had been obtained against a Hindu governed by the Mitakshara law upon a bond, whereby he had mortgaged his ancestral immoveable estate
married daughters besides his sons. The married daughters, according to Mitakshara Law could not be his in the presence of the sons even in relation ... with Mitakshara coparcenary property. The coparacenary property, as already noticed. is no other than the joint family property in which according to Mitakshara law
property of re-united coparceners under the special texts of the Mitakshara law or which are accretions to either of these two and (ii) that ... implications in English law. There is nothing in the Hindu law exactly corresponding to the survivorship known to the English law. But as that word
ignored in advancing this argument is that a Mitakshara father has a peculiar position in Mitakshara law.
16. As long as the father is living ... between the father under the Mitakshara law and a father under the Dayabhaga law. While under the Dayabhaga law as long as the father lives
