An insane person
Question and options
An insane person
- can be a coparcener in his own right
- cannot be a coparcener in his own right
- can be a coparcener only with the consent of other coparceners
- can be a coparcener only with the consent of the common male ancestor
Answer and explanation
Correct answer: A - can be a coparcener in his own right
An insane person can be a coparcener in his own right, because coparcenary interest arises by birth, not by anyone's consent. Section 28, Hindu Succession Act, 1956, provides that no person is disqualified from succeeding to property on the ground of any disease, defect or deformity, and even before 1956 insanity did not prevent a person becoming a coparcener by birth. So the options requiring the consent of the other coparceners or of the common ancestor are wrong.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUSAT CAT LLM
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related question papers
Related exam syllabi
More solved explanations in Joint Hindu family, coparcenary & partition
- Adult coparceners consented to a partition of joint Hindu family property. Which fact can justify reopening the partition?
- Under the present law, after the Hindu Succession (Amendment) Act, 2005, who is ordinarily the Karta of a Joint Hindu Family?
- Partition can be reopened, under what circumstances?
- 'A' has a son 'B', a mother 'M' and two wives W1 and W2. 'B' sues 'A' for partition. 'M' will get, under Mitakshara law:
- In a Mitakshara family, a man inherits his father's self-acquired property on the father's intestacy under section 8 of the Hindu Succession Act, 1956. What…