Right of the Partition of a Coparcenary
The right to claim partition is a significant basic feature of the coparcenary, and a coparcener is one who can claim partition. The daughter has now become entitled to claim…
Acquisition of Rights in Coparcenary Property by a Daughter
Under the proviso to section 6 before the amendment made in the year 2005 in case a coparcener died leaving behind female relative of Class I heir or a male…
Right of Daughter as a Coparcener before the Hindu Succession (Amendment) Act, 2005
The daughter is treated as a coparcener in the same manner as a son by birth with the same rights in coparcenary property and liabilities. However, the proviso of sub-section…
Unobstructed and obstructed heritage in Mitakshara Coparcenary
In Mitakshara coparcenary, there is unobstructed heritage, i.e., apratibandha daya and obstructed heritage i.e., sapratibandha daya. When right is created by birth is called unobstructed heritage. At the same time,…
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…
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…