'A', a Hindu male, having undivided interest in a Mitakshara Coparcenary property dies after the…

Since the Hindu Succession (Amendment) Act, 2005, section 6 makes a daughter a coparcener "by birth in her own right in the same manner as the son", and section 6(3) provides that the deceased's interest devolves by succession, not survivorship. A notional partition is assumed just before death: A, his two sons and his daughter each take 1/4.

A's 1/4 then goes to his Class I heirs, the two sons and the daughter, at 1/12 each, so the daughter gets 1/4 + 1/12 = 1/3. The figure 1/9 is the result under the unamended section 6, when only A and the sons were coparceners; 1/4 counts only her coparcenary share.