Coparcenary property – Hindu Law – Partition – Wife cannot demand partition of joint family property – She would get a share only if partition is demanded by her husband or sons and property is actually partitioned.

The plaintiff was the son of the defendant (Father). The defendant’s wife, the plaintiff’s mother, expired on 10th June, 2013 leaving behind a registered will dated 2nd July 2011. The plaintiff sought administration of her estate. The plaintiff also sought disclosure of the remainder of the estate which the plaintiff had no knowledge of. The plaintiff was the sole beneficiary under the will of the deceased (Mother) which had been sought to be probated. The plaintiff claimed to be the owner of the properties bequeathed by the deceased (Mother) to him. In the suit, the plaintiff claimed partition of immovable properties that had been bequeathed to him and mandatory injunction directing the defendant to handover those properties to the plaintiff and the permanent injunctions against alienation.

The plaintiff claimed 1/2 undivided share which the deceased had in a flat. The defendant resides in that flat. The plaintiff had left that premises upon certain disputes between the parties prior to the death of the deceased.

The title of the deceased to give her a right to bequeath the property would have to be seen in the context of a HUF of her husband, the defendant herein. The husband was alive on the date of the Will as also on the date of her death. The deceased was not a widow.

In a HUF, only sons (vertically) and brothers (laterally) would constitute a coparcenary in a Joint Hindu Family. Their wives may be members of the joint Hindu family but are not coparceners. The proprietary rights are of a coparcener if the joint Hindu family owns any joint property. The wives of coparceners do not get any interest in joint property owned and held by coparceners who are co owners. The wives of the co-owners do not get any interest by virtue of their birth. It is only a Hindu widow who gets the interest of her husband in the coparcenary or 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. Consequently a wife has no share, right, title or interest in the HUF in which her husband is a coparcener with his brothers, father or sons and after the amendment of section 6 of the Hindu Succession Act in 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 property which that family owns. A wife cannot demand partitition unlike a daughter. She would get a share only if partitition is demanded by her husband or sons and the property is actually partitioned. The claim by a wife during the life time of the husband in the share and interest which he has as a coparcener in his HUF is wholly premature and completely misconceived.