Partition and Succession

A mother cannot ask for partition to be re-opened.

Reunion can be between all or any person of original partition.

The Hindu Succession Act bases its rule of succession on the basic Mitakshara principle of propinquity (preference of heirs on the basis of proximity of relationship).

Heir is entitled to inherit property after the death of the intestate. The law of inheritance consists of rules which determine the mode of devolution of property of the deceased on heirs solely on the basis of their relationship to the deceased.

Intestate succession of property is explained as when a person dies without leaving a will. It is based on the law of inheritance. Rule of inheritance determines the mode of devolution of property of the deceased on the heirs, solely on the basis of their relationship to the deceased.

Property of a Hindu female dying intestate falls under three heads. One category is when a property is inherited by a female from her father or mother. There are two other categories under the law of succession where the property of the female dying intestate will be given as per the sequence of these categories. Sons and daughters come in the first category and so on.

Step children do not fall under the definition of a son or a daughter under the Hindu Succession Act. Thus, stepson or stepdaughter is not entitled to inherit.

Death is not a mode of partition of joint family property under the Hindu law. Even after the death of a coparcener, his status can never severe from the joint family.

Law of succession does not provide all of the above grounds of disqualification for succession.

If a female dies without leaving any children, her property will go to the heirs of the father. This is in respect of property inherited by her from her father or mother.

Under Section 15(1) of the Succession Act, the heirs of Hindu female are divided into five categories called ‘entries’.

Stridhan is the woman’s absolute property over which she has full rights of disposal or alienation. Gifts from relations and property acquired by self-exertion are a few examples.

The joint family property is the subject matter of partition under the Hindu law. Partition is a numerical division of property.

Mother does not have any right to partition. In a joint family property, partition is always between coparceners.

Property of a Hindu female dying intestate will be divested through the rule of three heads. First head is when a property is inherited by a female from her father or mother. When a property is inherited by a woman from her father or mother, that property on her death will be first given to the son and the daughter of the female.