Question: Hari, his brothers Shyam and Kailash were joint in business and property. Hari has a wife, two sons, their wife and four grandsons (two from each), and a married daughter. Shyam has a wife and one son. Kailash has a wife and two daughters. Kailash demanded partition and his share both in business and property. Make a complete partition. Find the answer only on Legal Bites. [Hari, his brothers Shyam and Kailash were joint in business and property. Hari has a wife, two sons, their...
Question: Hari, his brothers Shyam and Kailash were joint in business and property. Hari has a wife, two sons, their wife and four grandsons (two from each), and a married daughter. Shyam has a wife and one son. Kailash has a wife and two daughters. Kailash demanded partition and his share both in business and property. Make a complete partition.
Find the answer only on Legal Bites. [Hari, his brothers Shyam and Kailash were joint in business and property. Hari has a wife, two sons, their wife and four grandsons (two from each), and a married daughter. Shyam has a wife and one son. Kailash has a wife… Make a complete partition.]
Answer
As per the provisions laid down for partition and succession in Hindu law, a coparcener is entitled to an equal share at the time of partition. Now the question that arises is who is a coparcener? The term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (hereinafter referred to as HUF). A HUF includes the eldest member and three generations of the person’s family. Coparceners can ask for the partition of the HUF property and become the Karta of the HUF.
A HUF consists of lineal descendants of a common ancestor for up to three generations. Before the Amendment of 2005, coparcenary was only limited to men in the joint family. However, after the amendment, a daughter shall also be a coparcener by birth and have the same rights as the son in the coparcenary property. However, this is only limited to daughters born in the family and excludes women who join a HUF through a matrimonial alliance and these will only be considered members and not coparceners.
In the present factual matrix, all three brothers, Hari, Shyam, and Kailash will get an equal share i.e., 1/3rd of the property. Now let’s discuss each family:
i) Hari’s family: Hari has a wife, two sons, a wife, four grandsons (two from each), and a married daughter. Hence, Hari’s three children (two sons and a married daughter) will be entitled to an equal share out of his share i.e., 1/9th of the property. His wife won’t be entitled to any share. Further, he has four grandchildren, two from each, which means each grandson will get 1/18th share of the property.
ii) Shyam’s family: Shyam has a wife and one son. Hence, his share is only divisible to one degree and his son will be entitled to 1/3rd of the share and the wife won’t be entitled to any share.
iii) Kailash’s family: Kailash has a wife and two daughters. Kailash’s share will be equally divided among his two daughters and hence each daughter will get 1/6th share of the property.
