Workshop summary paper on hindu succession act under. Under hindu law when the joint family status comes to an end there is division of property among members and joint ownership of property comes to an end. The authors have mastered the subject, identified all the core issues, and explained them in a succinct manner. In this partition, all the coparceners and the male hindu s widow get a share in the joint family property. As west, j pointed out, the hindu law does not contemplate a partition as. Partition amongst a joint hindu family means severance of status of jointness and unity of possession among the members of the family. Overview and analysis of the hindu law of partition. The point that deserves attention is that under traditional hindu law. Referring to sections 6 and 8 of the act, the court said that on death of a hindu male, notional partition of his property will take place, and it will devolve on the legal heirs based on their. Hindu succession act, 1956 bare act, bare act pdf, law. Under hindu law, the law of property has a close relationship with the composition of family. If a coparceners widow makes an adoption after partition, such adoption, before the hindu adoptions and maintenance act, 1956, related back to the date of the death of the deceased husband of the widow and so such an adopted son could reopen the partition.
Hindu law defines hindu undivided family as all persons lineally descended from a common ancestor and includes theur wives and unmarried daughters. The hindu code bill as framed by the committee was introduced in the legislative assembly in april 1947. There is community of interest and unity of posssession between all the members. Rau, which strongly recommended that a complete code of hindu law be prepared, covering inheritance, marriage and other aspects. According to sir dinshah mulla, a joint hindu family consists of all persons. He can separate his sons from himself and also separate the sons from one another without the consent of the sons. Changes brought in the position of women specifically in sec.
We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Under the hindu law, a special power is given to father in the exercise of which he can bring out partition on his own if the coparcenary consists of the father and his sons only. How a notional partition is done in a hindu property. The law dealing with this subject is embodied under section 6 of the hindu succession act 1956, which reads as. Under dayabhaga law, every adult coparcener whether male or female is entitled to enforce partition. Women in hindu law hindus have considered personal law based on the dharmashastra, a part of their religious tradition reporter, 2010 11. Hindu law committee was set up under the chairmanship of shri b. Partition of the huf property can be of two types under the hindu law i.
Under the mitakshara school of hindu law, it may be said that there is a literal presumption of love and affection in the family, i. Till the codification of hindu law in 1995 and 1956 the hindu women did not enjoy equal rights along with the hindu men. Nov 10, 2015 no application to statutory notional partition on opening of succession as per unamended provision, having regard to nature of such partition which is by operation of law. It is a much wider body than a hindu coparcenary, which includes only those persons who acquire by birth an intersest in the joint coparcenary property. The concept of stridhan, and the property acts related to womens such as the hindu succession act of 1956, the hindu marriage act, 1955, the jammu and kashmir hindu marriage act, 1980, the dowry restraint act, 1960 and the dowry prohibition act, 1961 and the hindu widows remarriage and. However, partition under the dayabhaga and mitakshara school is not the same. In a patrilineal system like the mitakshara school and dayabhaga school of hindu law, a woman was not given a birth right in the family property like a son. Hindu law, the rights of sons were recognized and they acquired equal interest with the father in the. The partition act, 1893 search engine for indian law. Partial and full partition of hindu undivided family huf taxguru. Under the mitakshara law, on birth, the son acquires a right and interest in the family property. In this partition, all the coparceners and the male hindus widow get a share in the joint family property. Under hindu law once the status of hindu family is put to an end, there is notional division of properties among the members. Partition is a concept under hindu law and is regulated by mainly two schools of thought, i.
The ancient schools of hindu laws are believed to be of two types and were in existence before the hindu law was codified with the hindu succession act of 1956. Jan 28, 2015 the entire law relating to hindu undivided family huf k. In the case of separate or selfacquired property, the father is an absolute owner under the mitakshara law. The operation of the notional partition and its inevitable corollaries and. Partition is the severance of the status of joint hindu family, known as hindu undivided family under tax laws. Workshop summary paper on hindu succession act under sections. On death of a member of a joint hindu family, his share in. Survivorship and intestate succession understanding the. Sons, grandsons and great grandsons have no birth interest in ancestor property against their father, so there is no right for partition.
The intent and effect of the amendment will be considered a little later. Hindu succession act1956 intestate succession class1. Partial and full partition of hindu undivided family huf. Persons not entitled to enforce partition under the dayabhaga law are. The entire law relating to hindu undivided family huf explained. Scope of section 6 under hindu succession act by latest laws. The father may cause a severance of sons even without their consent.
Notional partition the 1956 act brought some changes in the. It may be partial visavis members, where some members go out on partition and other members. Undisputedly, the suit properties were ancestral one in the hands of nagar mal, who adopted one nemi chand as his son, and after adoption both of them constituted a mitakshara coparcenary under hindu law. Before we conclude we may state that we have noted the observations of mullas commentary on hindu law, 15th edn. Its origin can be traced to the ancient partriarchal system where the patriarch or the head of the family was the unquestioned. By succession we mean the passing of property from one person a to another person b on the death of the former a. In any suit for partition a request for sale may be made or an undertaking, or application for leave, to buy may be given or made on behalf of any party under disability by any person authorised to act on behalf of such party in such suit, but the court shall not be bound to comply with any such request, undertaking or application unless it is. The law commission of india submitted its 174th report to the government of india on 5th may 2000 and it is in respect of property rights of women. Before 1995 polygamy was prevalent among the hindus. By community interest one means that all the coparceners have an interest in the joint family property. Allotment of shares to the coparceners in a notional partition is a fiction, though. Settling an important aspect of the hindu succession act, a division bench of justices b. A notional partition is not similar to an actual partition.
The law relating to hindu undivided families hufs is a complicated branch of law, requiring specialist knowledge. On partition the joint family ceases to be joint and nuclear family or families may come into existence. Sons, grandsons and great grandsons have no birth interest in ancestor property against their father, so. In the plaint, it was plaintiffs clearcut case that the partition suit was filed for partition of notional share of nagar mal. Under hindu law, coparcenar is a person who on partition would be entitled to demand a share in the property. Concepts of ancestral property indian national bar association. Accordingly to the principles of hindu law, there is coparcernship between the different members of a united family and survivorship following upon it. Partition means ending the status of joint hindu family. Partition under hindu law, can be total or partial. Under hindu law once the status of hindu family is put to an end, there is notional division of properties among the members and the joint. Summarygist 2nd judicial officers workshop held on. For the purposes of this section, the interest of a hindu mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately.
For a thorough knowledge on hindu law one must sit with these great masters. Hindu joint family under mitakshara law the hindu joint family is a normal condition of the hindu society. Partition of property in hindu undivided family property. Latest trends in succession among hindus gv mahesh nath,m. Notional partition of hindu joint property in case of no will. Explanation 1 to section 6 of the act provides a mechanism under which undivided interest of a deceased coparcener can be ascertained and, i.
Property under hindu succession act this monograph deals with the. Hindu family law according to manu, once only a partition made. Under hindu law once the status of hindu family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. Naolekar said in an order the operation of the notional partition should be only for the purposes of devolution of interests of the deceased in the coparcenary property. There shall be a deemed partition under the statutory provisions contained in section 63 of the act as amended in 2005. Interest of hindu women in coparcenary property under hindu. Jan 07, 2015 there would be a notional partition under section 6 of hsa, 1956 if a female relative heir or a person claiming through female relative heir was left by the deceased male hindu coparcener.
Classroom live lectures edited, enlarged and updated. The effect of this decision is to convert a notional partition into an actual partition. Jun 01, 2017 under dayabhaga law, every adult coparcener whether male or female is entitled to enforce partition. The father during his lifetime is competent to effect such partition under hindu law and it would be binding on his sons.