Effect of Disputes on the Partition of Property in India

Private property is a necessary institution, at least in a fallen world; men work more and dispute less when goods are private than when they are in common.                                                                                                                                                                                                         R. H. Tawney Family disputes can result in a forced partition. Partition of property takes region while there may be joint possession of or greater individuals... Continue Reading →

Coparcenary

Introduction Coparcenary, in general terms refers to a type of ownership of property where multiple people inherit the same property. Here, each person owns an undivided, transferable interest in the property. The term ‘coparcenary’ has its origin in the English common law. In India, Coparcenary is dealt under the Hindu Succession Act 1956 [1]. Under... Continue Reading →

Position of Daughter in her father’s co-parcenary

Introduction In Recent development, Supreme Court gave a landmark judgment Vineeta Sharma v Rakesh Sharma & ors. regarding the daughter’s rights in coparcenary of her father and whether she can claim rights in coparcenary of her father irrespective of the father living or dead at the time of Hindu Succession (Amendment) Act, 2005. A three-judge... Continue Reading →

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