Fluctuation of Shares in Coparcenary Property
The essential feature is aggregate ownership, i.e., ‘Samudavika Swatwa’ in coparcenary and the share keeps on fluctuating, was observed in Commissioner of Income Tax, Poona v. H.H. Raja of Bhor,…
Female Rights in Coparcenary Property Under Section 6 of Hindu Succession (Amendment) Act, 2005
Coparcenary property is the one which is inherited by a Hindu from his father, grandfather, or great grandfather. Property inherited from others is held in his rights and cannot be…
The Nature of a Coparcenary Property
In Bhagwan Dayal (since deceased) & Anr. v. Mst. Reoti Devi, AIR 1962 Supreme Court 287, it was held that coparcenary is a creature of law and branch of the…
Right of the Widow in Coparcenary Property
Essential characteristics of coparcenary, were analysed in Controller of Estate Duty, Madras v. Alladi Kuppuswamy, (1977) 3 SCC 385, thus: “8. . “Thus analysing the ratio of the aforesaid case…
The Concept and Basic Essentials of a Coparcenary Property
A joint Hindu family is a larger body than a Hindu coparcenary. A joint Hindu family consists of all persons lineally descended from a common ancestor and include their wives…
Order XLIII of Rule 1-A (2) of the CPC
A cross-appeal is the exercise of substantive right of appeal and only the procedure varies. Order XLIII of Rule 1-A (2) of the CPC. The same reads as under: “1A.…
Right of Coparcenary Property of Daughters under Hindu Succession Amendment Act, 2005
The article is an excerpt of below mentioned case. The new Section 6 of the act provides for parity of rights in the coparcenary property among male and female members…
Section 6 of the Hindu Succession Act, 1956
The pre-amended Section 6 of the Principal Act (Hindu Succession Act, 1956) reads as under: “Section 6:- Devolution of interest in coparcenary property – when a male Hindu dies after…
Making of The Hindu Succession Amendment Act, 2005
In its 174th Report (May 2000), the Law Commission of India was of the view that the gender reforms were called for to ensure equality. The Commission noted the fact…
Statutes those gave right of inheritance to daughters under Hindu Law
The earliest legislation with regard to right of female inheritance was made in 1929 called the Hindu Law of Inheritance Act, 1929. This Act conferred inheritance right to three female…