S. 14—Right of daughter over coparcenary property

S. 14—Right of daughter over coparcenary property  Coparcener died leaving behind the sole daughter who also died issue-less. Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements. If a property of a male Hindu dying intestate is a selfacquired property or obtained in partition of a co-parcenery or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals. Since the property in question was admittedly the self-acquired property of deceased despite the family being in state of jointness upon his death intestate, his sole surviving daughter, will inherit the same by inheritance and the property shall not devolve by survivorship. 

Case Law:

Arunachala Gounder (Dead) by Lrs. Vs. Ponnusamy, 

Citation:

AIR 2022 SC 605