Hindu Law – Joint family property – Wife is entitled to share in property alongwith her husband – Wife cannot demand for partition, unlike daughter

The Petitioner contended that as per the position of law the mother cannot demand a partition but, in the suit filed for partition among the co-parceners, she is entitled to a share, independent of her husband.

The court observed that the wife may be a member of a joint Hindu Family, but by virtue of being a member in the joint Hindu Family, she cannot get any share, right, title or interest in the joint Hindu Family property which that family owns. A wife cannot demand for partition, unlike a daughter. She would get a share only if partition is demanded by her husband or sons and the property is actually partitioned. The claim by a wife during lifetime of the husband in the share and interest which he has as a co-parcener in his Hindu Undivided Family is wholly premature and completely misconceived. This position of law is that though the wife is entitled to interest i.e. share, it is to be along with her husband. Any such decision being taken by the Courts, earmarking separate share for herself and one share in that of her husband’s cannot in any way be recognised.

To clarify this position, here it is to be noted that coparcener refers to a male issue i.e. may be a father or a son. The wives of co-owners do not get any interest by virtue of their marriage. It is only a Hindu widow who gets the interest of her husband in the co-parcenary or in the joint family property upon the death of her husband. That interest enables her to claim maintenance and residence. Only a widow can demand partition of the interest which her deceased husband would have been entitled to. Consequently, a wife has no share, right, title or interest in the Hindu Undivided Family in which her husband is a co-parcener with his brothers, father or sons and after the amendment of section 6 of the Hindu Succession Act, 2005, with his sisters and daughters also. The wife,may be a member of a joint Hindu Family, but by virtue of being a member in the joint Hindu Family, she cannot get any share, right, title or interest in the joint Hindu Family property which that family owns. A wife cannot demand for partition unlike a daughter. She would get a share only if partition is demanded by her husband or sons and the property is actually partitioned. The claim by a wife during lifetime of the husband in the share and interest which he has as a co-parcener in his Hindu Undivided Family is wholly premature and completely misconceived.

This position clarifies that though the wife is entitled to interest i.e., share, it is to be along with her husband.