Daughter has right to sue for partition against other coparc


 

Daughter has right to sue for partition against other coparceners including her father.

 
 Section 29A introduced by the Amending Act of 2005 further elaborates the said provision and provides that the daughter of a coparcener shall have the same rights in the coparcenary property as that of a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities. It is not in dispute that a son of a coparcener becomes a coparcener by birth and is entitled to sue for partition even against his own father. Now by the aforesaidamendment of the Hindu Succession Act same rights in the coparcenary property as that of a son has bee I given to a daughter of a coparcener and hence she has become a coparcener in her own right by birth which automatically entitles her to a so have a right to sue for partition against other coparceners including her father.

Patna High Court
Ram Belas Singh vs Uttamraj Singh And Ors. on 28 February, 2008
 
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