Partition by wife
sandeep jain
(Querist) 06 February 2012
This query is : Resolved
IN A HINDU UNDIVIDED FAMILY, CAN A WIFE OF A DECEASED SON FILE A SUIT FOR PARTITION ( WHEN THE SON AND DAUGHTER OF DECEASED SON'S ARE ALIVE). PLEASE SUGGEST CASE LAW.
R.Ramachandran
(Expert) 06 February 2012
Dear Mr. Sandeep,
Yes, She can do so. The reasons for this as under:
1. As soon as an Hindu, having coparcenary rights dies, (in this case the husband of the lady), then the partition will take place automatically by operation of law. See section 6 of the HSA, 1956.
2. Once that partition takes place, then the interest of the deceased Hindu, unless there is any testamentary disposition, will devolve on the legal heirs.
3. In the instant case, it appears that the deceased has not left any WILL. Therefore, as a widow of the deceased coparcenar she can ask for the share of the deceased husband and for that can file a suit.
THE EARLIER POSITION WAS A FEMALE, THOUGH A MEMBER OF THE JOINT FAMILY, HAS ONLY INTEREST IN THE PROPERTIES BUT NO RIGHT TO SUE. BUT THAT POSITION HAS BEEN ALTERED IN REGARD TO DAUGHTERS, BY MAKING THE DAUGHTERS CO-PARCENARS. But no such thing has taken place as far as the wife is concerned. BUT, that will not come in the way of the wife in filing the suit in your fact situation.
Kirti Kar Tripathi
(Expert) 07 February 2012
yes, she can file being a legal heir of a co-parcenar she has every right to seek partition under the law.
