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Applicability of amended Hindu Succession Act in West Bengal


04-May-2023 (In Property Law)
Is Hindu Succession Amendment Act 2005 MITAKSHRA LAW applicable in West Bengal
Answers (2)

Answer #1
812 votes
Sir, in the 2005 amendment, dayabhaga and mitakshara laws have been abolished. However, Please revert back to us if you have further questions. We will be happy to help you regarding all your questions.
Answer #2
823 votes
The 2005 amendment of the Hindu Succession Act is applicable in West Bengal. That THE HINDU SUCCESSION ACT 1956 defines two kinds of properties with different rules of succession: Coparcener Property (Section 6) which provides when a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act.
A Hindu Mitakshara Coparcenary is a body narrower than a Hindu joint family and consists only of males of up to 4 generations who acquire an interest in the Coparcenary property or the joint family property by birth with a unity of possession. The person having interest in the coparcenary property is known as a coparcener. Coparcenary property consists of the ancestral property and not the separate property of a coparcener. Ancestral property is the property inherited by a Hindu from his father, father’s father or father’s, father’s father whereas the property inherited from any other relation or the self-acquired property of the person is his separate property. All the best. Regards

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