Name – Aditya Soni

Student id -20010728
Question 1

A.

Name Final
Share Nature Reason

F 1/9 Separate Father would receive share on the partition. F property

property will be divided into 9 parts after full partitioning. As a
result, he receives one-ninth of a share.

W 1/9 Separate Because bigamy was legal in 1925, both wives

property and received equal shares upon split. As a result, W
only limited receives one-ninth of a share.
ownership

V 1/9 Separate Because bigamy was legal in 1925, both wives

property and received equal shares upon split. As a result, V
only limited receives one-ninth of a share.
ownership

S1 1/27 Separate As a coparcener, he has right in coparcenary property

property by birth and so receives 1/9 th i.e., a share equal to his
father, i.e., upon partition.
S1's portion will be further divided in between him, his
wife, and his son. As a result of dividing his
contribution into three equal parts, his ultimate share is
1/27th.

W1 1/27 Separate When the estate is divided, the father's wife receives an
property and equal share as the father. As a result, W1 receives the
only limited x/27th share.
ownership

S5 No share Dead

W5 No share Coparcener's widow was not eligible to share until

1925. As a result, W5 receives no share.

S6 1/54 Separate As a coparcener, he has right to coparcenary property

property by birth and so receives 1/27th, upon partition.
S6 share will be further divided further between him
and his kid. As a result of dividing his portion into two
equal pieces, his ultimate share is 1/54th.

S8 No share Dead

S7 1/54 Separate As a coparcener, he has a birth right to coparcenary

 property property and thus receives a share equal to his father,
i.e., 1/54th, upon partition.

S2 1/27 Separate He has a title to coparcenary property by birth as a

property coparcener and so receives a share equivalent to his
father, i.e., 1/9th, upon partition.
S2 share will be divided further among him, his wife,
and his son. As a result of dividing his contribution
into three equal parts, his final share is 1/27th.

W2 1/27 Separate the father's wife receives an equal share as the father.
property and As a result, W2 receives a 1/27th share.
only limited
ownership

S9 1/27 Separate As a coparcener, he has a title to coparcenary property

property and so receives a share equal to his father, i.e., 1/27th,
upon partition.

S10 No share dead

S11 No share According to the 4-generation rule he is not a

coparcener and hence is not eligible to share.

S3 1/9 Separate He has a title to coparcenary property by birth and so

property receives a share equal to his father, i.e., 1/9th.

W3 No share There is division since there is no coparcenary. As a

result, W3 receives no share.

D No share Daughters were not coparceners in 1925, hence not

entitled to a portion upon partition.

S4 1/27 Separate He has a title to coparcenary property by birth and so

property receives 1/9th, upon partition.
S4's share will be divided further among him, his wife,
and his son. As a result his final share is 1/27th.

W4 1/27 Separate When the estate is divided, the father's wife receives an
property and equal share as the father. As a result, W4 receives a
only limited 1/27th share.
ownership

S12 1/81 Separate coparcener has a title to coparcenary property by birth

property and so receives a share equal to his father, i.e., 1/27th.
S12 will be divided among him, his wife, and his son.
As a result his final share is 1/81th.

W12 1/81 Separate When the estate is divided, the father's wife receives an
property and equal share as the father. As a result, W12 receives
only limited 1/81h.
 ownership

S13 1/81 Separate Being a coparcener, he has a right to coparcenary

property property by birth and thus receives a share 1/81th.

W13 No share There is no more division since there is no

coparcenary. As a result, W13 receives no share.

B No share Blindness was a grounds for disqualification from

coparcenary in 1925. As a result of being disqualified
from coparcenary, B is not entitled to any share.

BW No share Because spouse is ineligible, he and his entire branch

are disqualified. As a result, BW is also not entitled to
a part.

IL1 1/9 Separate As a coparcener, he has a title to coparcenary property

property by birth and so receives 1/9th, upon partition.

IL2 1/9 Separate As a coparcener, he has a right to coparcenary property

property by birth and so receives 1/9.

WL No Share Until 1925, only the father's wife and the bereaved
mother received a portion upon partition. Because WL
is neither, she will not receive a portion. Furthermore,
there is no partition at her level.

B.

Name Final Share Nature Reason

F 1/9 Separate property Father would receive a share of the
partition. F property will be divided into
9 equal parts. As a result, he receives
one-ninth of a share.
W 1/9 Separate property When the estate is divided, the father's
wife receives an equal share as the
father. As a result, W receives one-ninth
of a share.
As a coparcener, he has a title to coparcenary property and so receives
S1 1/36 Separate property
a share equal to his father, i.e., 1/9th.
S1's portion will be further divided between him, his wife, and his
sons. As a result his final share is 1/36th.

W1 1/36 Separate property

S5 No share Dead
W5 1/36 Separate property Following the introduction of the Hindu
Women's Right to Property Act in 1937,
a coparcener's widow was entitled to fill
the shoes of the deceased coparcener,
 collecting his portion. As a result, W5
takes the 1/36th portion that S5 is
entitled to.
As a coparcener, he has a title to coparcenary property by birth and so
S6 1/108 and Separate property
receives 1/36th, upon partition.
1/108
S6's share will be divided further between him and his sons. As a result
his final share is 1/108.
Furthermore, according to Section 8 of the HAS, following notional
division, the deceased male hindu portion devolves into his shares class
II after class I possessing property rights. As there are no class I heirs,
he receives S8, i.e., 1/108, through interstate succession.

S8 No share Dead
S7 1/108 Separate property As a coparcener, he has a title to
coparcenary property by birth and so
receives 1/108th, upon partition.
S2 1/27 Separate property As a coparcener, he has a title to
coparcenary property and so receives a
share equal to his father, i.e., 1/9th.
S2 share will be divided further among
him, his wife, and his son. As a result his
final share is 1/27th.
W2 1/27 Separate property When the estate is divided, the father's
wife receives an equal share as the
father. As a result, W2 receives a 1/27th
share.
As a coparcener, he has a title to coparcenary property and so receives
S9 1/54 Separate property
1/27th, upon partition.
S2 share will be divided further between him and his kid. As a result of
dividing his portion into two equal pieces, his ultimate share is 1/54th..

S10 No share Dead

S11 1/54 Separate property According to Section 8 of the HSA share
of a deceased male Hindu shall devolved
according to the rules of the section. As a
result, S10's portion of S10 will pass to
S11 as his son will be his class I heir.
S3 1/27 Separate property As a coparcener, he has a title to
coparcenary property and so receives a
share 1/9th.
S3's share will be divided further among
him, his wife, and his daughter. As a
result his ultimate share is 1/27th.
W3 1/27 Separate property When the estate is divided, the father's
wife receives an equal share as the
father. As a result, W3 receives a 1/27th
share.
As a coparcener, she has a title to coparcenary property and so receives
D 1/27 Separate property
a share equal to her father, i.e., 1/27th, upon partition.

S4 1/27 Separate property As a coparcener, he has a title to coparcenary

property and so receives a share equal to his father,
 i.e., 1/9th.
S3 share will be divided further among him, his wife,
and his son. As a result his final share is 1/27th.

W4 1/27 Separate property When the estate is divided, the father's

wife receives an equal share as the
father. As a result, W4 receives a 1/27th
share.
As a coparcener, he has a title to coparcenary property and so receives
S12 1/81 Separate property
a share equal to his father, i.e., 1/27th.
S12 will be divided among him, his wife, and his son. As a result of
dividing his contribution into three equal pieces, his final share is
1/81th..

W12 1/81 Separate property When the estate is divided, the father's
wife receives an equal share as the
father. As a result, W12 receives 1/81th
of the total.
As a coparcener, he has a right to coparcenary property by birth and
S13 1/81 Separate property
thus receives a share equal to his father, i.e., 1/81th..

W13 No share There is no more division. As a result,

the wife receives no portion.
B 1/9 Separate property Blindness was abolished as a grounds for
exclusion from coparcenary by the
Removal of Disabilities Act 1928, so B
receives the same share as his father.
BW No share There is no more division since there is
no coparcenary. As a result, the wife
receives no portion.
V No share According to Section 5 of the Hindu
Marriage Act of 1955, a second marriage
is null and void if the first spouse is still
living. As a result, F and V's marriage is
invalid and a bigamous marriage, and
she is not entitled to any portion.
IL1 1/9 Separate property
Section 2 of the HSA treats illegitimate
offspring as legitimate and thus entitled
to share upon partition. As a result, IL1
receives a part equal to his father's, i.e.,
one-ninth.

IL2 1/9 Separate property

Section 2 of the HAS treats illegitimate
offspring as legitimate and thus entitled
to share upon partition. As a result, IL2
receives a part equal to that of his father,
i.e., one-ninth..

WL No share There is no partition since there is no

coparcenary at her level. As a result, she
 receives no portion.

Question 2
A.
Name Share Nature Of Share Reason
W1 ¼ Separate property Section 8 of the HSA controls the
disposition of the property of a male Hindu
who dies interstate. According to the clause,
it will first pass to the Hindu male's class I
heirs, which are the mother, son, daughters,
and sons of predeceased sons in this
scenario. According to Rule 3 of Section
10, the pre-deceased son's branch shall
receive one share. As a result, S2 property
will be divided into four shares, with W1
receiving a quarter portion.
S4 ¼ Separate property Section 8 of the HSA specifies how the
property of a male Hindu who dies
interstate is distributed. According to the
clause, it will first pass to the Hindu male's
class I heirs, which are the mother, son,
daughters, and sons of predeceased sons in
this scenario. Rule 2 of Section 10 states
that the son and daughter each receive one
share. As a result, S4 receives a quarter
stake.
D ¼ Separate property Section 8 of HSA specifies how the
property of a male Hindu who dies
interstate is distributed. According to the
clause, it will first pass to the Hindu male's
class I heirs, which are the mother, son,
daughters, and sons of predeceased sons in
this scenario. Rule 2 of Section 10 states
that the son and daughter each receive one
share. As a result, D receives a quarter
share.
S6 1/8 Separate property HSA outlines how the property of a male
Hindu who dies interstate is allocated in
Section 8. According to the clause, it will
first transfer to the Hindu male's class I
heirs, which in this circumstance are the
mother, son, daughters, and sons of
predeceased sons. The pre-deceased son's
branch will receive one share, according to
 Rule 3 of Section 10. S2's property will thus
be divided into four shares, with S6
receiving one-eighth of a share.
S7 1/8 Separate property Section 8 of the (HSA) specifies how the
property of a male Hindu who dies
interstate is distributed. According to the
clause, it will first pass to the Hindu male's
class I heirs, which are the mother, son,
daughters, and sons of predeceased sons in
this scenario. According to Rule 3 of
Section 10, the pre-deceased son's branch
shall receive one share. As a result, S2's
property will be partitioned into four shares,
with S7 receiving one-eighth of a share.

B.
B.

Name Share Nature Of Share Reason

V 1/ all Separate property and when a Hindu man dies intestate, his
share absolute ownership property devolved according to Sections 8
and 9 of the Hindu Succession Act.
According to the facts, B3's only class I heir
is his mother, V, and hence B3's property
will transfer to V.

C.

Name Share Nature Of Share Reason

W1 1/12 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And says Rule 2 of Section 10, each son
and daughter receives one share.
As a result, F's property will be divided into
six shares, both waives receiving one-sixth
share each.As a result, W1's share is one-
twelfth.
V 1/12 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And, according to Rule 2 of Section 10,
each son and daughter receives one share.
 As a result, F's property will be divided into
six shares, both waives receiving one-sixth
share each. As a result, V's stake is one-
twelfth.
S1 1/6 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And says Rule 2 of Section 10, each son
and daughter receives one share.
As a result, F's property will be divided into
six shares, and S1 owns one-sixth of the
company.
S2 1/6 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And says Rule 2 of Section 10, each son
and daughter receives one share.
As a result, F's property will be divided into
six shares and S2 owns one-sixth of the
company.
B1 1/6 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And, according to Rule 2 of Section 10,
each son and daughter receives one share.
As a result, F's property will be divided into
six shares, and B1 owns one-sixth of the
company.
B2 1/6 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And Rule 2 of Section 10 says, each son
and daughter receives one share.
As a result, F's property will be divided into
six shares, and B2 owns one-sixth of the
company.
B3 1/6 Separate property When a Hindu man dies intestate, his
property passes to his legal heirs in
 accordance with the provisions of Sections
8 and 10 of the Hindu Succession Act. Rule
1 of the section states that if there are more
than one widow, they all take one share.
And, Rule 2 of Section 10 says each son
and daughter receives one share.
As a result, F's property will be divided into
six shares, and B3 owns one-sixth of the
company.

D.
When a Hindu female dies intestate, her property is distributed to her rightful heirs in
accordance with the provisions of Section 15 of the Hindu Succession Act. According
to the facts, D died without children or a husband, and she inherited property from her
father S2. However, as per the fact that the father is still alive. As a result, section
15(1) will be implemented. In the absence of children and a husband, the property will
pass to the father, i.e., S2.

Question 3

All the people who have the capacity to assume legal rights on the
ancestral/coparcenary property are coparcenary. It starts from a male ancestor with his
four generations of lineal descendants and all those descendants must be male starting
from the male ancestor. It is a creation of law, the act of parties cannot form it. As per
the Mitakshara school, the one nearer in blood relation will succeed the property
because it follows the law of inheritance. As per this law, the birth of a male in the
family will diminish the share of other male members in the family from the ancestral
property, and the death of a male member will enlarge the share of other male
members in the family. The Mitakshra school law completely excluded females from
inheritance.

Classic Law:

Under classic law, the coparcenary was only limited only to male members of three
generations starting from Karta which was reaffirmed in the case of Moro Vishwnath
that no one in the family can ask for partition if they are more than four degrees lineal
descendants away from the Karta. As per this law, a father and a son are needed to
start the coparcenary but not needed to maintain it. The Karta was further provided the
authority of making any decision regarding the coparcenary property in the case of
Ghamandi Ram. As per this law, if any male member in the family was blind, deaf,
mentally unstable, or mute, he would not be allowed to receive any share in the
partition of the family and not will be a coparcener.
In 1937, when Hindu Women’s right to property act came into power, the widow of a
coparcener received few rights over the share of the property of her dead husband who
was a coparcener. As per the act, the widow will still not be a coparcener but would be
allowed to personally use the property or the income derived from the such property
but she will not get the right of selling the share of the property to which his dead
husband was entitled. In case, the widow also dies, the share of the property will be
inherited to if any heirs of the dead male coparcener. The last “full owner” of the
property can only be a male.

The Hindu Succession Act, 1956

As per section 6 of the Hindu succession act the property will devolve according to
the testamentary of interstate succession and not survivorship if a male hindu dies
leaving behind a female relative or a male relative who claim such share through
female. Notional partition would take place in order to determine the dead
coparcener's interest. As a result, if the share of the coparcener is to be devolved by
intestate succession, the requirements of Section 8 of the HSA would apply, and if
through testamentary succession, the provisions of Section 30 of the HSA would
apply. The property they acquire will have the characteristics of independent property
rather than coparcenary property. The main purpose behind introducing this act was to
provide equality to women as stated in the constitution of India, no more limited
interest in the share of property for women, the act aim to prove full inheritance of
father’s property to daughter. Therefore, after 1956, the daughter would be able to
inherit the property of her father through notional partition, but she would still not be a
part of ancestral property, the right to ancestral property was still with males not
females. Thus, the rule of survivorship was still existing even after the Hindu
succession act 1956, but the women started getting a share of father’s property
through inheritance

The Hindu Succession Amendment act, 2005

Over the years, the short comings of the 1956 legislation, of the hindu succession act
was highlighting specially regarding the property rights of women, so, an amendment
was brought where it was specified that “on and from the commencement” of the act,
2005, a daughter of a coparcener also have the right to inherently claim the
coparcenary property by birth including all the liabilities also, just like a male
coparcener would do. After this amendment, the survivorship concept was demolished
and daughters were also considered as a coparcenar. In Danamma v Amar Singh It
was held that daughters will be considered as coparceners even if they were born
before 2005, before the Hindu Succession Amendment Act. The Hindu Succession
(Amendment) Act of 2005 was found to be more gender-neutral, as well as upholding
the goal of Article 14 of the Constitution.