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Under section 6(1) of the Hindu Succession Act, 1956, as substituted in 2005, how does a coparcener’s…

Section 6(1) of the Hindu Succession Act, 1956 gives the daughter of a coparcener status by birth in the same manner as a son in a Mitakshara joint family. Vineeta Sharma v.…

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Under section 6(1) of the Hindu Succession Act, 1956, as substituted in 2005, how does a coparcener’s daughter acquire coparcenary status in a joint Hindu family governed by Mitakshara law?

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Answer and explanation

Correct answer A

Section 6(1) of the Hindu Succession Act, 1956 gives the daughter of a coparcener status by birth in the same manner as a son in a Mitakshara joint family.

Vineeta Sharma v. Rakesh Sharma held that daughters born before the amendment can also assert the rights from commencement and that the father need not have been alive on that date. Statutory savings for specified earlier transactions and partitions apply.

Option feedback

Option A

Section 6(1) confers coparcenary status by birth in the same manner as for a son.

Option B

The right arises by birth. The father’s death is not the event that confers it.

Option C

The statute confers status by birth. A deed of partition is not required to acquire it.

Option D

Vineeta Sharma confirms that daughters born before the amendment can also claim rights under the substituted section from its commencement, subject to statutory savings.

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