Note: Answers in these questions are to analyze the basic conceptual knowledge of the

subject matter in a very brief manner. At least one case law is required except in the last
question

1. Coparcenary- Under Mithashakara school of law, it is constituted by generations of

male members who are bound by the pinda relations- it can be extended upto 4
generations- by Hindu Succession( Amendment )Act, 2005: females i.e., daughters
are included into the coparcenary.

2. Karta ‘s power- in actual unlimited powers because he manages all the properties
completely of HJF as he is the head of the HJF- his powers to alienate the HJF are
excisable under 3 situations- legal necessity, benefit of estate & performance of
indispensible duties. Apart from this his general powers are- Right to receive income,
right of expenditure, etc

3. Difference between Muslim & Hindu Law of inheritance(Minimum 6)-

Hindu law: Birthright, survivorship & joint tenancy, preference of agnates over
cognates, two scheme of intestate succession for females & males, heirs based on
blood lines as well as pinda relationship – illegitimate,step, adopted children & other
relations are also included , absolute right to testamentary disposition, difference in
ancestral and self acquired property.

Muslim Law: No birthright- rather heirs surviving at the moment of death- fixed
shares as per Koran, tenants-in-common, single scheme of intestate succession for
females & males, heirs are classified and includes only blood relations apart from
spouse, illegitimate, step or adopted children or other relatives are not included,
limited to 1/3rd of total assets only can be testamentary disposed off, no concept of
ancestral or self acquired properties

PART –B

Note: The answers to this part are to be answered by using the rules in HAS,1956 as well
as the Sunni & Shia Sharer table & succession rules. So identification of provisions or
rules of devolution is of utmost importance

4. Fanta’s Case- legal heirs would include his mother, wife, son 1, son2’s widow & child
representing the son 2 , son3(even though converted- would be entitled after the
passing of Caste disabilities removal act , 1856), daughter 1, and son of predeceased
 daughter 2- so shares will be divided into 1/7 each to all- rules applicable are : s.8,
s.10 and Schedule I of Hindu Succession Act, 1956.

5. (a) Shia muslim- 2 wives & 4 children from each wives- 2 children predeceased (1
daughter & 1 son),so will be excluded- therefore, as per the shia classification of
heirs- they belong to class I i.e., chidren and Parents. Therefore, shares as per shia
table of inheritance would be – 2 wives collectively 1/8th (in presence of children) and
residue : 7/8th will be inherited by the 3 daughters & 3 sons in 2:1 ratio- i.e., 6/9 of 7/8
to sons & 3/9 of 7/8 to daughters

(b) Sunni Muslim- Wife, 2 daughters, father, mother, two full brothers& one full
sister
Wife-1/8(presence of daughter)
Daughters-2/3( as no son, they will inherit as sharer)
Mother-1/6(presence of daughter)
Father-1/6(presence of daughter)
Two full brothers & one full sister- Excluded due to daughter
Total: 1/8+2/3+1/6+1/6= 3+16+8/24=27/24 >1; so apply doctrine of Aal.
So , now change the denominator into common & replace it with the sum total of
numerators. Henceforth, the shares would be-
W- 1/8= 3/24=3/27
2Ds- 2/3=16/24=16/27
M-1/6=4/24=4/27
F-1/6=4/24=4/27

PART –C

Note: These are long essay type questions- A reasonable explanation of the concepts and
judicial deliberations upon the same is necessary along with the relevant legal provisions

6. HSA (Amendment )Act, 2005 bought lots of changes-

1. Agricultural land to be partitioned between the heirs- s.2
2. Daughters to be coparceners- s.6 – to get equal right in the coparcenary
property also as that of son
3. Retention of concept of notional partition –Explanation to s.6(3)
4. Deletion of pious obligation of son
5. Deletion of provision which disqualified the widows’ of son, predeceased
son’s son from inheriting any property- s.23
6. Deletion of the provision which insisted that the daughter can seek for
partition of dwelling house only when the sons decide - s.24
7. Testamentary capacity of hindu female over the coparcenary property-s.30
8. Inclusion of 4 more heirs into Class I from class II like daughter & son of
predeceased son’s daughter, etc
Relevant few case laws are necessary- These changes have bought remarkable difference
w.r.t the property rights as it is gender neutralising the provisions by allowing hindu
female also same rights and even making the male & female equally liable for the
expenditures of their father

7. Partition- putting end to JHF status- two types- by status & by property-
- Modes of partition- by suit, arbitration, by agreement, By conduct- by
father during his lifetime
- Who can seek- partition can sought only by coparceners- it can be done
by Karta also, and now female can also seek for partition-
- Subject matter- any movable or immovable property without destroying
its intrinsic value if possible to partition(Ashanullah v. Kali, 1884, Cal
HC)
- How to partition: Previous law Metes & bound

Alienation – Parting away any part in the undivided Hindu joint family property- it
can be done by –

1. Father- Movables to anyone-Immovable only to son for pious obligation – now to

daughters out of love and affection
2. Karta- For legal necessity, benefit of estate, Religious & indispensible duties
3. Coparceners-Generally without the consent cannot
4. Sole surviving coparcener
- Case laws are necessary