Notional Partition under Hindu Law: Meaning and Implications

  • Manisha Singh
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  • Manisha Singh

    LL.M. student at Chanakya National Law University, Patna, India

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The idea of a Hindu joint family is one of a kind to Hindus and it is legitimately perceived. There are two schools of regulation that oversee the law of succession of the Hindu Undivided Family under Indian law, Dayabhaga and Mitakshara. Mitakshara law school just alludes to the male individual from the joint family and is stretched out to child, grandson, and extraordinary grandson of the family. A child by birth gets an interest in the responsibility for tribal property of the joint family. All male individuals from the joint family by and large have coparcenary (co-ownership) in the tribal property. After the 2005 Change of the Hindu Succession Act, a female can legally be a coparcener and is qualified for the segment. In this framework, the property can't be shared actually yet the offer can be found out in mathematical terms. This exists all through India except in Bengal and Assam. Dayabagha law school isn't intended for any orientation. After the death of the father, the right of property wins to the children however not naturally after birth like in the Mitakshara system. The father has full and uncontrolled control over the genealogical property until his demise. This framework is significantly seen in Bengal and Assam. In this framework, the property is truly isolated into explicit parcels and is appointed to each coparcener. In 2005, the Indian governing body made a few changes to the Hindu Succession Act, 1985. It iterated that the devolution of the property will be as per the survivorship assuming there are just male beneficiaries in the family and no female beneficiaries. On the off chance that the family has both male and female beneficiaries, the idea of survivorship won't make a difference, the devolution will happen to the beneficiaries endorsed by the law.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2022 - 2036


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