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Hindu Succession Act,1956

Act No : 30


Section : Mode of succession of two or more heirs

19. Mode of succession of two or more heirs

If two or more heirs succeed together to the property of an intestate, they shall take the property-
(a) save as otherwise expressly provided in this Act, per capita and not per stripes; and
(b) as tenants-in- common and not as joint tenants.


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Prakash Yedhula wrote on 02 May 2009

Upon the death of the father leaving behind his son, widow and a daughter, all of them would take as tenant-in-common in the joint family property. Son, in spite of the fact, that is the karta of the family would not be having any right to alienate the property and where the alienation takes place that would not be binding value upon the widow and the daughter.- Usha Singh v. Virendra Kumar 1981 (7) All LR 364