Inclusion of daughter in Mitakshara coparcenary: a radical change

Abstract

A Hindu coparcenary means only those persons who acquire by birth an interest in the joint family property or coparcenary property. Prior to 2005 a Hindu Mitakshara coparcenary consisted of the common male ancestor and three male lineal descendants. Now according to Section 6 of the Hindu Succession (Amendment) Act, 2005, a daughter of a coparcener has been included in Mitakshara coparcenary along with the sons of the coparcener. Proviso to substituted Section 6 (1) is violative of Article 14 of the Constitution of India. It discriminates against the daughter since the son is not debarred from challenging disposition of coparcenary property made before 20.12.2004, whereas the daughter is debarred. The Kerala Joint Hindu Family System (Abolition) Act, 1975 abolished the joint family system in the Kerala State with effect from 1.12.1976. Parliament may consider the desirability to strike down the entire coparcenary system as has been done by the Kerala State Legislature.