Which one of the following sections of the Hindu Succession Act, 1956 makes provisions for "Notional…
Section 6 provides the deemed or notional partition used to ascertain a deceased coparcener’s interest. The former section 6 explanation and the substituted 2005 section…
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Which one of the following sections of the Hindu Succession Act, 1956 makes provisions for "Notional Partition"?
Answer and explanation
Correct answer C
Section 6 provides the deemed or notional partition used to ascertain a deceased coparcener’s interest. The former section 6 explanation and the substituted 2005 section 6(3) contain the relevant framework; sections 14, 10 and 18 address different subjects. This statutory fiction calculates the share and does not itself establish an actual physical division of the whole family property.
Current law: Vineeta Sharma in 2020 clarified that daughters’ section 6 coparcenary status does not depend on the father being alive on 9 September 2005, overruling Prakash v Phulavati on that point. It also distinguished the statutory notional-partition fiction from an actual partition. The section number asked here remains 6.
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