Rights of a coparcener in a Hindu Undivided Family

981 votes

I think the question itself is self explanatory. For this the genesis of a coparcenery has to be considered. Earlier it was the sons ,grandsons and great grand sons of the holder of property (which now includes daughters after the amendment) Coparcenery means one has to be born within the family(the coparcenery concerned), therefore it is only the daughter who being a coparcener would be entitled to be a member of the coparcenery. Attention is invited to sub section 3(b) and (c),it is notable that the husband has been left out for self sufficing and obvious reasons and further, a deemed share is recognised for the children. It could never have been the legislative intent that a male could be a coparcener even in his wife’s paternal family and so could their children. This is because they would be members of their own family coparcenery by virtue of birth in that family. Birth being the genesis of coparcenery.

Advocate Laksheyender Kumar LawRato