A Mitakshara joint family consists of a father, a mother and two sons. The property is coparcenary…
The right to compel a partition and the right to receive an allotment on partition are distinct. In the stated family, the mother does not acquire coparcenary status merely…
Choose your answer
A Mitakshara joint family consists of a father, a mother and two sons. The property is coparcenary property, and the mother has no independent title in it. Which statement describes her position under the ordinary Mitakshara rule?
Answer and explanation
Correct answer A
The right to compel a partition and the right to receive an allotment on partition are distinct.
In the stated family, the mother does not acquire coparcenary status merely through marriage or motherhood.
The mother receives a share when the father and the sons partition, even though she cannot compel it solely in that capacity.
Option feedback
Option A
Her status as mother does not make her a coparcener in the stated property. On partition between her husband and sons she is entitled to an allotment.
Option B
The allotment rule does not give her a coparcener’s independent power to demand division.
Option C
This reverses both parts of the rule. The mother lacks an independent power to demand division and can receive a share.
Option D
The denial of an allotment is incorrect even though she cannot independently demand the partition in this capacity.
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