Vivekananda Institute of Professional Studies

Family Law PSDA

Submitted by –
Submitted to - Name- Danish Chandra
Dr. Sonia Jain Roll No.- 06117703521
Section- 4L
 INTRODUCTION

In the guest lecture conducted on 30th May,2023 on Hindu Succession act, the esteemed
speaker gave students an insight on the theoretical as well as the practical applications of the
act in common property disputes. He highlighted the importance of the inclusion of daughters
in coparcenary structure of Indian Mitakshara succession of families while establishing the way
these changes were a result of a 30-year long marathon to formulate these acts in their current
position. The speaker related the provisions of the Hindu marriage act with the Hindu
Succession act by explaining the direct correlation of section 7, 11, 12, 13, 16 of HMA with
section 6, 8, 15 of HSA which deals with the rights of legitimate and illegitimate children. He
explained the section and relevance of pious obligation provided in the act as well. The
speaker’s primary focus during the speech was on the significance of section 6 of HSA. While
putting his points across, he identified the vacuum that exists between the subsection (1) and
(4) of section 6 of the act which seems to have been silent on the rights of adoptive, illegitimate
and step daughter. He further on told us that coparcenary is the narrower version of the Hindu
undivided family. Situations of death and antecedent debts were also mentioned where the roles
of legal heirs were explained in detail. On the topic of partition, the first point that was put
across was that the partition must be acted upon. The legislation while formulating the act gave
a list of legal heirs in whom property is to be devolved on death of a coparcener. That list
includes class 1 heirs, class 2 heirs, agnates and cognates. The speaker under the influence of
his vast knowledge also explained exceptional cases of devolvement of property in cases of
person suffering from mental insanity, person who has converted to another religion (the
provision of other religion being specified in Hindu Marriage act) and people marrying under
special marriage act where he explained the concept of notional partition among the
coparceners. He also explained how property devolved according to degrees in cases of agnates
and cognates while lower tiers are excluded when class 1 heirs claim property. The doctrine of
Escheat was also explained where it was mentioned that in an absence of legal heirs claiming
succession, the property devolves to the government. He concluded his lecture by mentioning
significant case laws that have influenced the development of laws in case of female succession
such as Prakash vs Phulavati 2015 and Vineeta Sharma vs Rakesh Sharma 2020 where it was
stated that daughters had a right of coparcenary the moment, they take birth in the Hindu
undivided family and is entitled to a share during partition. The speaker also highlighted that
the intention of legislation was to challenge the patriarchal nature of the society, it is still silent
on the rights of mothers, widows and other female relatives regarding their rights of claiming
a share during partition.

OBSERVATION

Coparcenary Rights and Liabilities of Son and Daughter

Coparcenary is a system in Hindu law under which all the male members of a Hindu Undivided
Family (HUF) are considered to be coparceners. They have equal rights and liabilities over the
HUF property.

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Prior to the amendment of the Hindu Succession Act, 1956 in 2005, only sons were considered
to be coparceners. Daughters did not have any coparcenary rights. However, the amendment
to the Act in 2005 gave daughters equal coparcenary rights as sons.
As a result of the amendment, daughters now have the following rights and liabilities:
➢ Right to acquire a share in the HUF property: Daughters now have the same right
to acquire a share in the HUF property as sons. They are entitled to a share in the
property on the death of their father, even if they are married.
➢ Right to ask for partition of the HUF property: Daughters now have the right to ask
for partition of the HUF property. This means that they can ask for their share of the
property to be divided up and given to them separately.
➢ Right to become a Karta of the HUF: Daughters now have the right to become a
Karta of the HUF. This means that they can be the head of the HUF and manage the
property on behalf of all the coparceners.
The amendment to the Hindu Succession Act, 2005 has given daughters equal coparcenary
rights as sons. This is a significant step towards gender equality in India.
Here are some of the liabilities of a coparcener:
➢ Liability to contribute to the HUF property: A coparcener is liable to contribute to
the HUF property in proportion to their share in the property.
➢ Liability for debts incurred by the HUF: A coparcener is liable for debts incurred by
the HUF, even if they did not personally incur the debts.
➢ Liability for taxes on the HUF property: A coparcener is liable for taxes on the HUF
property, even if they do not own the property personally.
The liabilities of a coparcener are important to understand, as they can have a significant impact
on the coparcener's financial situation.

Section 6 of the Hindu Succession Act, 2005

➢ Section 6(1)
This section defines a coparcener as "a male Hindu who is a member of a Hindu Undivided
Family (HUF) and who is related to the karta (head of the family) by blood, adoption or
marriage."
This definition was changed by the Hindu Succession Act, 2005. Prior to the amendment, the
definition of a coparcener only included male Hindus who were related to the karta by blood.
The amendment to the Act in 2005 extended the definition of a coparcener to include female
Hindus who are related to the karta by blood.
➢ Section 6(2)
This section provides that a daughter becomes a coparcener on her birth. This means that she
does not need to do anything to acquire her rights in the ancestral property.
Prior to the amendment to the Act in 2005, a daughter only acquired rights in the ancestral
property if she was married before her father's death. The amendment to the Act in 2005

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changed this, and now a daughter acquires rights in the ancestral property on her birth,
regardless of whether she is married or not.
➢ Section 6(3)
This section provides that a daughter's rights in the ancestral property are the same as those of
a son. This means that she is entitled to an equal share in the property on partition, and she is
also liable for any debts or liabilities that are attached to the property.
Prior to the amendment to the Act in 2005, a daughter's rights in the ancestral property were
different from those of a son. A daughter was only entitled to a share in the property on partition
if her father died without a son. The amendment to the Act in 2005 changed this, and now a
daughter is entitled to an equal share in the property on partition, regardless of whether her
father has any sons or not.
➢ Section 6(4)
This section provides that a daughter's rights in the ancestral property are not affected by her
marriage. This means that she can continue to be a coparcener even after she is married.
Prior to the amendment to the Act in 2005, a daughter's rights in the ancestral property were
affected by her marriage. If a daughter was married before her father's death, she would lose
her rights in the ancestral property on her marriage. The amendment to the Act in 2005 changed
this, and now a daughter's rights in the ancestral property are not affected by her marriage.

➢ Section 6(5)
This section provides that a daughter's rights in the ancestral property are not affected by the
death of her father. This means that she can continue to be a coparcener even after her father
dies.
Prior to the amendment to the Act in 2005, a daughter's rights in the ancestral property were
affected by the death of her father. If a daughter's father died without a son, she would lose her
rights in the ancestral property on his death. The amendment to the Act in 2005 changed this,
and now a daughter's rights in the ancestral property are not affected by the death of her father.
The amendment to the Hindu Succession Act, 2005 has given daughters equal coparcenary
rights as sons. This is a significant step towards gender equality in India.
Section 8 consonance with Section 15
Section 6 of the Hindu Succession Act, 1956 provides that the property of a Hindu Undivided
Family (HUF) shall be held by the Karta of the HUF for the benefit of all the members of the
HUF. Section 8 of the Act provides that the provisions of Section 6 shall be in consonance with
the provisions of Section 15. Section 15 provides that a Hindu male may, by a deed of gift or
by will, dispose of his interest in the property of the HUF.
This means that a Hindu male can gift or bequeath his interest in the property of the HUF to
any person he chooses. However, the other members of the HUF will still have a right to use
the property of the HUF for their own benefit, even if the Hindu male has gifted or bequeathed
his interest in the property to someone else.

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The reason for this is that the property of the HUF is not the personal property of the Hindu
male. It is the property of the Hindu Undivided Family, and the Hindu male is only a trustee of
the property for the benefit of all the members of the Hindu Undivided Family.
The only way for a Hindu male to completely alienate his interest in the property of the Hindu
Undivided Family is to partition the Hindu Undivided Family. Partition is the process of
dividing the property of the Hindu Undivided Family into separate shares for each of the
members of the Hindu Undivided Family. Once the Hindu Undivided Family. has been
partitioned, the Hindu male will no longer have any interest in the property of the Hindu
Undivided Family.
It is important to note that the provisions of Section 15 of the Hindu Succession Act, 1956 only
apply to Hindu males. Hindu females do not have the same right to gift or bequeath their interest
in the property of the Hindu Undivided Family. This is because Hindu law traditionally gives
men more rights than women.
However, the Hindu Succession (Amendment) Act, 2005 has made some changes to the law in
this area. The amendment act has given Hindu females the same right as Hindu males to gift
or bequeath their interest in the property of the Hindu Undivided Family. The amendment act
also gives Hindu females the right to inherit property from their parents, husbands, and sons.

Partition:
Partition is the division of a Hindu joint family property among its coparceners. It can be
effected by a partition deed or by a decree of a court.
The Hindu Succession Act, 1956 governs the law of succession to property among Hindus. The
Hindu Succession Act, 1956 provides for both testamentary and intestate succession.
Testamentary succession is where a person makes a will and bequeaths his/her property to
his/her heirs. Intestacy is where a person dies without leaving a will. In such cases, the property
will devolve according to the provisions of the Hindu Succession Act, 1956.
The Hindu Succession Act, 1956 defines a Hindu joint family as a family consisting of all the
descendants of a common male ancestor, including their wives and unmarried daughters. The
property of a Hindu joint family is held by all the coparceners in common.
A partition can be either a physical partition or a notional partition. A physical partition is
where the coparceners divide the physical property of the joint family among themselves. A
notional partition is where the coparceners do not divide the physical property, but they agree
that each coparcener will be entitled to a share in the property.
A partition deed is a document that is executed by the coparceners to effect a partition. The
partition deed must be registered with the Registrar of Deeds.
A partition can also be effected by a decree of a court. If the coparceners are unable to agree
on the terms of a partition, they can file a suit for partition in the court. The court will then
make a decree partitioning the property among the coparceners.
The Hindu Succession Act, 1956 provides for certain restrictions on partition. For example, a
partition cannot be affected without the consent of all the coparceners. However, if a coparcener

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is absent or is unable to give his/her consent, the court may grant a decree for partition even
without his/her consent.
The Hindu Succession Act, 1956 also provides for certain rights of the coparceners after
partition. For example, a coparcener who has been allotted a share in the property after partition
has a right to demand partition of the property again if the other coparceners alienate their
shares.
The Hindu Marriage Act,1955 and the Hindu Succession Act, 1956 are two important laws
that govern the law of succession and partition among Hindus.
The Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 is a legislation that governs marriage, divorce, and inheritance
among Hindus in India. The HMA was enacted in 1955, and it has been amended several times
since then.
• Section 7 of the Hindu Marriage Act, 1955
Section 7 of the Hindu Marriage Act, 1955 provides that a daughter's husband is not entitled
to inherit his wife's property. This is a general rule, and there are some exceptions to this rule.
For example, if a daughter's husband dies without any children, then his wife will be entitled
to inherit his property.
• Section 10 of Hindu Marriage Act, 1955
Section 10 of the Hindu Marriage Act, 1955 provides that a son is entitled to inherit his father's
property. This is a general rule, and there are some exceptions to this rule. For example, if a
son is disinherited by his father, then he will not be entitled to inherit his father's property.
• Section 12 of the Hindu Marriage Act, 1955
Section 12 of the Hindu Marriage Act, 1955 provides that a son's widow is entitled to inherit
her husband's property. This is a general rule, and there are some exceptions to this rule. For
example, if a son's widow remarries, then she will not be entitled to inherit her deceased
husband's property.
• Section 16 of Hindu Marriage Act, 1955
Section 16 of the Hindu Marriage Act, 1955 provides that a daughter is not entitled to inherit
her father's property. This was the original rule under the HMA, but it was amended in 1976 to
allow daughters to inherit their father's property. However, the amendment did not give
daughters the same inheritance rights as sons. For example, daughters are only entitled to
inherit their father's property if there are no sons to inherit the property.
The inheritance rights under the Hindu Marriage Act, 1955 have been criticized for being
discriminatory against women. In particular, the fact that daughters are only entitled to inherit
their father's property if there are no sons to inherit the property has been criticized as being
unfair. However, the Hindu Marriage Act, 1955 is a complex piece of legislation, and it is
important to consult with an attorney to understand your specific inheritance rights.
• Present status of partition laws in India

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The present status of partition laws in India is complex and evolving. The laws governing
partition vary depending on the religion of the parties involved, as well as the type of property
that is being partitioned.
For Hindus, the Hindu Succession Act, 1956 (HSA) governs partition of ancestral property.
The HSA gives all coparceners, including sons and daughters, an equal right to demand
partition of ancestral property. However, the HSA does not apply to self-acquired property,
which is property that is owned by an individual and not by the joint family.
For Muslims, the Muslim Personal Law (Shariat) Application Act, 1937 (MPLA) governs
partition of property. The MPLA gives the father the right to partition his property during his
lifetime, and it gives sons a preferential right to inherit property over daughters.
For Christians, the Indian Succession Act, 1925 (ISA) governs partition of property. The ISA
gives all children, regardless of gender, an equal right to inherit property from their parents.
The partition laws in India are constantly being challenged and debated. In recent years, there
have been a number of high-profile cases in which the courts have ruled in favor of women's
rights to property. For example, in the case of Manju Rani vs. Surender Kumar, the Supreme
Court of India ruled that a daughter has a right to inherit her father's self-acquired property,
even if she is married.
The future of partition laws in India is uncertain. It is possible that the laws will be further
amended to give women more equal rights to property. However, it is also possible that the
laws will be amended to give men more rights to property. Only time will tell how the partition
laws in India will evolve in the future.
Here are some additional things to keep in mind about partition laws in India:
▪ The laws governing partition can be complex and time-consuming to navigate. It is
important to consult with an attorney if you are considering partitioning property.
▪ The laws governing partition can vary depending on the state in which the property is
located.
▪ The laws governing partition can also be affected by religious laws.
▪ If you are involved in a partition dispute, it is important to be aware of your rights and
options. You may be able to negotiate a settlement with the other parties involved, or
you may need to file a lawsuit.
Section 15(1) of the Hindu Succession Act, 1956
Section 15(1) of the Hindu Succession Act, 1956, defines the two classes of coparceners. Class
1 coparceners are those who are related to the karta of the HUF by blood, adoption, or marriage.
Class 2 coparceners are those who are related to the karta of the HUF by marriage.
A HUF, or Hindu Undivided Family, is a Hindu family that consists of a karta, or head of the
family, and his or her blood relatives, adopted children, and spouses of the blood relatives. The
property of a HUF is held by the coparceners in common, and each coparcener has a right to a
share in the property.
Class 1 coparceners include the following:
▪ Sons of the Karta

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 ▪ Daughters of the Karta who are married
▪ Widow of the Karta
▪ Adopted sons of the Karta
▪ Son of a predeceased son of the Karta
▪ Adopted son of a predeceased son of the Karta
Class 2 coparceners include the following:
▪ Daughters of the Karta who are unmarried
▪ Wife of a son of the Karta
▪ Wife of an adopted son of the Karta
The rights of coparceners to a share in the property of a HUF are not absolute. The karta has
the power to alienate the property of the HUF, and the coparceners have the right to seek
partition of the property. However, the Karta cannot alienate the property of the HUF without
the consent of all the coparceners, and the coparceners cannot seek partition of the property
without the consent of the Karta.
The rights of coparceners to a share in the property of a HUF have been modified by the Hindu
Succession (Amendment) Act, 2005. The amendment act has given daughters the same rights
as sons to a share in the property of a HUF. The amendment act has also given married
daughters the right to seek partition of the property of a HUF, even without the consent of the
Karta.
Section 14 of the Hindu Succession Act, 1956
Section 14 of the Hindu Succession Act, 1956, deals with the property of a female Hindu. The
section states that the property of a female Hindu, whether acquired before or after the
commencement of this Act, shall be her absolute property. This means that a female Hindu has
full ownership of her property, and she can do whatever she wants with it. She can sell it, gift
it, or will it to anyone she wants.
This section was introduced by the Hindu Succession (Amendment) Act, 2005. The
amendment act was passed in response to the demand for equal rights for women in property
matters. Before the amendment act, a female Hindu only had limited ownership of her property.
She could not sell it or gift it without the consent of her husband or other male relatives.
The amendment act has given women full ownership of their property. This is a significant step
towards gender equality in India. It will help to empower women and give them more control
over their lives.
Here are some of the key points of Section 14 of the Hindu Succession Act, 1956:
‫־‬ A female Hindu has full ownership of her property, whether acquired before or after
the commencement of this Act.
‫־‬ She can do whatever she wants with her property, including selling it, gifting it, or
willing it to anyone she wants.
‫־‬ She does not need the consent of her husband or other male relatives to sell, gift, or will
her property.
‫־‬ This section was introduced by the Hindu Succession (Amendment) Act, 2005.

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 ‫־‬ The amendment act was passed in response to the demand for equal rights for women
in property matters.
‫־‬ The amendment act has given women full ownership of their property, which is a
significant step towards gender equality in India.

CONCLUSION
In conclusion, the guest lecture on the Hindu Succession Act provided students with a
comprehensive overview of the act and its practical applications. The speaker highlighted the
importance of the inclusion of daughters in coparcenary structure of Indian mitakshara
succession of families, and the role of the act in challenging the patriarchal nature of Indian
society. He also discussed the limitations of the act, such as its silence on the rights of mothers,
widows and other female relatives regarding their rights of claiming a share during partition.
Overall, the lecture was informative and thought-provoking, and it provided students with a
valuable understanding of the Hindu Succession Act.

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