With reference to section 6 of the Hindu Succession Act, 1956, coparcenary property of a Hindu 1.…
Under section 6(3) of the Hindu Succession Act, 1956, as substituted by the Hindu Succession (Amendment) Act, 2005, the interest of a Hindu who dies after 9 September 2005…
Choose your answer
With reference to section 6 of the Hindu Succession Act, 1956, coparcenary property of a Hindu
1. Devolves by succession
2. Devolves by survivorship
3. Can be partitioned
4. Cannot be partitioned.
Answer and explanation
Correct answer B
Under section 6(3) of the Hindu Succession Act, 1956, as substituted by the Hindu Succession (Amendment) Act, 2005, the interest of a Hindu who dies after 9 September 2005 in Mitakshara coparcenary property devolves by testamentary or intestate succession under the Act and not by survivorship, and daughters are coparceners by birth. Coparcenary property can also be partitioned at the instance of a coparcener. Statements 1 and 3 are therefore correct, giving "1 and 3"; coparcenary property is not property that cannot be partitioned.
(Before the 2005 amendment, a coparcener's interest passed by survivorship to the other coparceners, subject to the proviso to the former section 6, so the answer was then "2 and 3".)
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