FAMILY LAW INTERNAL- II

PROBLEM SOLVING

NAME: RINMAYEE. K
PRN: 19010126054
DIVISION: A
YEAR: 2ND
SEMESTER: 4TH

1
 1. Sushant the Karta of a Mitakshara Hindu coparcenary died. Thereafter his
nephew Yash assumed the role of Karta. Anita. The married daughter of Sushantfiled a
litigation claiming that as the senior most person in the family after Sushant she was
entitled to be the Karta. Yash claimed that Anita being a female had no such
right. What is the legal position?

The gender-based bias that use to happen before in Indian families where the male members
were given way more importance and advantage, over females, this situation was changed
after Amendment in Hindu Succession (Amendment) Act, 2005. Hindu succession
Amendment has conferred equal property rights on daughter of hindu joint family. The
daughter is coparcener in Hindu joint family.

Held in Shreya Vidyarthi vs Ashok Vidyarthi And ors. the Hon’ble High Court of Delhi has
construed the amendment of 2005 in a way that will expand the applicability of the
amendment to not only the Hindu women who will be recognised as coparceners in a same
way as the son, but also recognising the eldest woman member of the Hindu Undivided
Family as the Karta of the Hindu Undivided family and its properties.

According to the section 6 of the hindu succession Act, 1956 - daughter, mother, widow,
predeceased son's daughter 2 his widow, daughter 's daughter are entitled to their shares as
per the provision. After marriage, the female joins her husband's Hindu Joint Family after
their marriage, but she continues to be a coparcener in her father's Hindu Joint Family. She
has all of the privileges that any coparcener has before and after marriage.

Hence in the following case Anita can legally claim the right of karta, as she is the senior
most member of the family and Yash claims stating that as Anita is a female and has no right
is does not stand in the following matter.

3. Anita a Hindu female died intestate. She is survived by her husband, her brother and
her stepsister. Anita had inherited certain property from her father and also owned
some other property. Who can inherit the properties of Anita?

2
 According to the section 15 (2) (a) of Hindu succession Act, which rules the succession in
favour of female hindu. states that "Any property inherited by a female hindu from her father
or mother shall devolve n the absence of any son or daughter of the deceased (including the
children of the pre-deceased son or daughter) not upon the other heirs but upon the heirs of
the father" Term 'other heirs' as defined by section 15(1)a of the hindu succession Act- the
property of a female hindu, dying in testate shall devolve according to section 16 of the Act
the property will devolve upon her son and daughter, which includes the pre-deceased son or
daughter and also the husband.

If the hindu female dies without intestate, if the inherited property is from her mother or
father it would devolve under section 1 5(2)a of the Act Thus, the hindu female who inherited
property from her Mother or father, neither her husband or his heirs will get such property but
it would revert to the heirs of her father or mother.

In the following case, firstly there will be a need to draw distinction between the property, the
property that is inherited from her fates will be devolved under section 15(2)a of Hindu
succession act, and will belong to the heirs of her father, and according to the section 15(2)(b)
the property inherited from her husband or father will law will be devolve to her son and
daughter.

4. Baban a Hindu male died intestate. He is survived by 1) his stepmother 2) his first
wife (marriage in 1970) 2) his second wife (marriage in 1980) 3) a son from the first
wife 4) a daughter from the second wife 5) a son had predeceased B and is survived by
his widow and a grandson (the widowed daughter in law and the grandson). Decide
their shares.

According to Hindu succession Act, the legal heirs are classified into two classes – class I and
class II. Class I heir are the immediate family, which includes wife, son, daughter and
mother, and everyone gets the equal share.

Class I legal Heirs

 Son/Daughter

3
  Widow
 Mother
 Son/Daughter of a pre-deceased son (per-deceased)
 Son/Daughter of a pre-deceased Daughter
 Widow of a pre-deceased son
 Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
 Widow of a pre-deceased son of a predeceased son

Class II legal heirs

 Father
 Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.
 Daughter’s son’s son, (2) daughter’s son’s daughter , (3) daughter’s daughter’s
son,(4) daughter’s daughter’s daughter.
 Brother’s son (2) Sister’s son, (3) brother’s daughter (4) Sister’s daughter.
 Father’s father. Father’s mother.
 Father’s widow, brother’s widow.
 Father’s brother, father’s sister.
 Mother’s father, mother’s sister.
 Mother’s brother, mother’s sister.

In this case the legal wife (first wife) will be considered, reason being in Hindu marriage act,
second marriage is not consider legal, but the daughter will get the share as children from the
second marriage has equal rights and are legal heirs. The share of the property which would
have given to Baban son will be divided into his widow and daughter.

5. Yash a Mitakshara Hindu coparcener died in 2004.Yash was a bachelor. The other
members of the coparcenery were his father and his brother. How would the share
of Yash devolve? Would there be a change if Yash had died in 2010?

A coparcenary is a unit of family that owns the property jointly, A coparcenary is made up of
a 'propositus,' or individual at the very top of a line of succession, and his three lineal

4
 descendants — sons, grandsons, and great-grandsons. Since the co-ownership is characterised
by "equality of possession, title, and interest," coparcenary property is so called.

In accordance to section 6 of Hindu succession act,

When a male Hindu dies after the commencement of this Act, having at the time of his death
an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by
survivorship upon the surviving members of the coparcenary and not in accordance with this
Act:

Provided that, if the deceased had left him surviving a female relative specified in class I of
the Schedule or a male relative specified in that class who claims through such female
relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by
testamentary or intestate succession, as the case may be, under this Act and not by
survivorship.

In this case, considering it’s joint Hindu family owning the equal share of the property or
business and the father as senior most member of the family as karta the property’s ill either
go to karta as he is the head of the family or Yash property will devolves to the remaining
member of the coparcenary equally i.e 1/3 share of the property.