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Adinath@Avinash Patil (advocate)     02 August 2009

hindu law

daughter married in the year 1975, is she become co parcener her maternal joint hindu family ?.



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 2 Replies

Anish goyal (Advocate)     03 August 2009

She become coparcnr in the family in which he took the birth not in her mother's family. But if u want to ask about her status in her husbands family. There also she is not a coparcnr. There are further controversies created by Amendment in 2005 in this matter still not resolved. Think a after partition in family after 2005 all got their share. e.g. Father(f ) son(s) daughter(d).now if S got married and got his child then the share got by S in partition will constitute joint family property with S's child and there will be a new coparcnry. At the same time if after partition D got married and get child then question arises whether that child can say that the share D (HIS MOTHER) got is joint family property with him? section 6(1)(a,b,c) of hindu succession act as amended provides that a daughter become coparcener in her own right in the same manner as the son with same rights and liability. If we read these provisions then the answer to above question seems to that yes, D's child would constitute a coparcenery with her mother in regard to the share she got in partition before child's birth. On thinking for other side the interpretation would also lead to double coparcenry. If any learned member want to say on this issue i m waiting.

saravanan (agriculturist)     05 August 2009

what does hindu succession act ,amendnment 2005 states

 


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