Does the law allow widows to demand partition of joint family property?

After changes were made to the original law applicable to Hindus in 2005, daughters were given the same right into their parents’ property as sons. Just like their brothers, daughters have also been provided with the right to demand partition of joint family property under the amended Hindu Success Act in the capacity of a coparcener.

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However, as far as demanding partition is concerned, a widowed daughter-in-law does not have the same right as her sister-in-law in her husband’s family property even though she is counted among the Class-1 heirs of the deceased.

For the uninitiated, Class-1 heirs are the first contenders when a person dies and his estate is distributed among his heirs following the applicable law of succession. Class-I heir of the deceased include his widow, children and mother.

List of Class-I heirs under HSA

Son
Daughter
Widow
Mother
Son of a pre-deceased son
Daughter of a pre-deceased son
Son of a pre-deceased daughter
Daughter of a pre-deceased daughter
Widow of a pre-deceased son
Son of a pre-deceased son of a pre-deceased son
Daughter of a pre-deceased son of a pre-deceased son
Widow of a pre-deceased son of a pre-deceased son
Son of a pre-deceased daughter of a pre-deceased daughter
Daughter of a pre-deceased daughter of a pre-deceased daughter
Daughter of a pre-deceased son of a pre-deceased daughter
Daughter of a pre-deceased daughter of a pre-deceased son

Who can demand partition of joint Hindu family property?

Every coparcener has the right to demand partition of the coparcenary property. The law clearly empowers the father, the son, the grandson, the great-grandson and the daughter the right to ask for partition of the common property. Even minor coparceners enjoy the same right as the adult coparceners.

However, since women who become part of such a family through matrimony are treated only a member and not a coparcener, they don’t enjoy similar rights as, say, the daughters.

Considering the right to demand partition lies with coparceners only, a widowed daughter-in-law does not have a clearly stated right to seek partition. However, in recent years, some judgements have been passing, where courts have advocated granting this right to widows.

“In the wake of the revolution for emancipation of women and for recognizing their rights as human beings equal to the males in respect of the properties in a Hindu family, I think depriving a widow simply because no other coparceners demand partition would clearly be destructive of the movement,” the Bombay High Court said in an order in 2014.

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Sunita Mishra

An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.

In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com