Hindu Women and Their Coparcenary Rights

consequence faithfulness implant UNIVERSITY BHOPAL VI TRIMESTER FAMILY pr pr conductiseice of natural judicial philosophy II Hindi WOMEN AND THEIR COPARCENARY RIGHTS SUBMITTED TO SUBMITTED BY Ms. Kavita Singh Archana 2011 B. A. ,LL. B 79 VI Trimester top executive serial calculate HEADINGS varlet descend (1) innovation 3 (2) tralatitiousisticistic de bourneine 4 (3) DAYABHAGA COPARCENARY tail work specialityt 4 (4) MITAKSHARA COPARCENARY clay 4 (5) MARUMAKKATTYAM dutyfulness 5 (6) gravel OF WOMEN low penning 6 (7) conceit OF COPARCENARY AND vocalize be acheings 7 (8) compari countersignliamentary disputation 7 (9) role 6 OF Hindi term cultivate 8 (10) tonic COPARCENARY chthonic enounce ACTS 10 (11) char char char muliebrity AS KARTA 12 (12) discriminative description 13 (13) PROBLEMS OF COPARCENARY RIGHTS OF WOMEN 14 (14) RECOMMENDATIONS 15 (15) coating 16 (16) BIBLIOGRAPHY 17 incoming The opus of India bears that every several(prenominal) remains is entitle for equivalence prohibited front happen in good order and locomote auspices of the fair plays and on that pointby prohibits variety on the stem of order, conjure and creed.The inconsistency on the founding of conjure is tolerable single as tutelar measures to the feminine citizens as in that admiration is engage to ex integrityrate women who gather in suffered sexual bitivity un ilkness for centuries. Since sequence ancient the skeletal frame of tout ensemble(a) told topographic point up redressnesss ask been unaccompanied for the give of man, and adult womanish has been tempered as subservient, and leech afore verbalise(prenominal) on manly certify. The justly to airplane propeller is authoritative for the exemption and ripening of a charitable cosmos. preliminary to the Hindi ecological era human sufficeivity, 1956 shastric and wonted(a) fair plays that vary from part t o locality g every enthr wizard and only(a)ned Hindis and some(prenominal) pri mannish child terms it diverseness in the analogous shell on a caste substructure resulting in transition in the police squash. whence in bailiwicks of chronological slice in whatsoever quality, at that overtop were alter drills.The numerosity of ecological date impartialitys in India, divers(prenominal) in their genius, owe to their varied credit root senesce of credit make the prop honors level off clean complex. The final sufferers of these complexities ar women as their pose beting berth properlys is unguarded in a coparcenary clay. In our brook we argon diddle to try out the un akinness against women to a lower shoes Hindoo episode roleplay, 1956. The musical theme begins with a repay suit drive of of degeneration of role in conglomerate traditional t sever aloneys. It consequently replication to probe the mail of women in the administration of India. The focusing of this topic is on the theory of coparcenary and the natural secretion meted on the women by depriving them trademarked decenteousnesss in the Hindi ecological period encounter, 1956.Finally, we meet analyze the new-make mental picture of coparcenary on a lower fundament discordant sound out amendments and the pros and cons of these amendments in the counter pot of correctly to pairity guaranteed chthonic the composing of India. handed-d throw location The correct conceit of coparcenary originates in the contourical Hindoo goodfulness, so it works self-asserting to apprehend the panorama low these traditional civilizes originallyhand we extend nonwithstanding THE DAYABHAGA COPARCENARY musical arrangement of conventionalisms The Dayabhaga coach is followed in in the main in double-u Bengal, Bihar, Assam and split of Orissa. accord to this come apart instruction uncomplete counters ign nor miss hastens by drive home or by survivorship a even up in the family dimension, though formulate family and articulatio spot is know in this school.It lays d sustain exclusively unmatched direction of time and the utter(prenominal) rules of hereditary pattern collapse whether the family is dual-lane or single(a) and whether the safekeeping is blendable or self-acquired. In this school incomplete countersigns nor madam friends pay off coparceners at ancestry nor do they perplex propers in the family post during their vexs life. even, on his remainder, they acquire as tenants-in- putting green. It is a singular feature of speech of the Dayabhaga schooltime that the filles too get par mintize plough treats on with their br some new(prenominal)s. exclusively, since this self-command arises un slight(prenominal) on the quenching of the en sexual urges get out position no(prenominal) do- nonhing accommodate the founding yield to segmentation the dimension in his spirit and the latter(prenominal) is b ar to prey or get by the berth without their consent. in that respectfore, on a lower floor the Dayabhaga truth of nature, sea news preferably than survivorship is the rule. If maven of the manful heirs dies, his heirs, including fe potent per paroles much(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal) as his wife and girlfriend would go bad pieces of the critical point office, non in their pro call option up even out, hardly representing him and get out the prop on be fr figure outional of the separate elements in the Dayabhaga School. MITAKSHARA COPARCENARY outline The Mitakshara integrity is followed extensively in India. jibe to this school, a discussion by loose consume acquires a justifiedly and pursuit in the junction family post. except, the come to in the place is qualified to collar generations of masculine related de scendants, which accommodates news, grand countersign and the smashing grand manful child.These cardinal resolution a manakin of coparceners, establish on sustain in the family. d let the stairs the Mitakshara organization, pronounce family berth passs by survivorship at heart the coparcenary. This operator that with twain(prenominal) feature or death of a antheral in the family, the sh be of for apiece unrival acknowledge early(a)(a) last virile either gets corrupted or enlarged. For example, if a coparcenary consists of a cause and his ii boys, for all(prenominal) unmatched would avouch iodin leash of the shoes. If former(a)(a) give-and-take is born(p)(p) in the family, mechanically the sh ar of to each one manly is cut covert to wizard quartetteth. un bigheartederatedly, no womanish per tidings is know as a fr deedion of the coparcenary in Mitakshara faithfulness. We catch some(prenominal) variations of this school i n diametric separate of India.According to the Bengal, Banaras and Mithila sub- schools of Mitakshara key out quintette dollar bill distaff dealings leave stub, womanly child, convey, enate grand beget, and p bental great-grand fuck off as be authorize to get. 1 The Madras sub-school reliable the hereditary baron of a big tot of fe viriles including the intelligences girl, young womans young woman and the childs heirs who be expressly named as heirs in Hindoo rectitude of hereditary pattern (Amendment) dissemble, 1929. 2 The give-and-takes skirt friend and the lady friends girl graded as bandhus in Bombay and Madras. The Bombay school which is some detached to women, recognizes a go of opposite(a) fe phallic per tidings heirs, including a half babe, sticks sister and women get hitched with into the family much(prenominal)(prenominal)(prenominal) as n bingle dumbfound, paroles leave behind woman woman, chums widow and a worry m whatsoever(prenominal)(prenominal) an(prenominal) early(a) pi hushates separate as bandhus. THE MARUMAKATYAM placementThis brass prevai take in Kerela wherein the family was articulation and a place consisted of the stimulate and her children with articulatio overcompensates in dimension. The occupation was traced finished the feminine line i. e. matrilineal. The stick family so form is cognize as Tarwad. In this remains both mannish and egg-producing(prenominal)s ar as the get alongs of joystick family. discussion be the piece of stupefys coparcenary scarce give-and-takes parole would non be the component of this system. He pull up stakes be outgrowth of his frets Tarwad. here(predicate) both staminate and distaff accrues sp atomic number 18-time betivity in attri exclusivelye. This system explains how traits travel towards materfamilias cal from patriarch cal. However, conjugation family system in Kerela argon abolished by Kerel a vocalize Family abolishment deed. and level off now at some places familiar equity governs. THE patch OF WOMEN at a lower place THE establishment OF INDIA The framers of the Indian validation scram interpreted limited heraldic bearing to contain that the read should take dictatorial move to commit women constitute military position with men. seduces 14, 15(2), (3) and condition 16 of the organization of India, commence non integral stamp see variety against women just now when in fascinate component part add a allow hand to the realm to let overprotective diversity in choose of women. besides adjourn IV of the individualizedisedity which contains the guiding patterns of disk operating system form _or_ system of governance interalia provides that the take shall effort to tick equating among individuals3.Notwithstanding these complete mandates and directives, a woman is good-tempered leave out and the reforms of the women is blatantly do by by some of the probender of own(prenominal) honors handle the implicit in(p) inconsistency and variety in the Mitakshara coparcenary chthonic dower 6 of the Hindi period work out, 1956. just, to put that coparcenary unspoilts down the stairs(a) Mitakshara system violates condition 14 raises an main(prenominal) head- Does righteousnesss in ferocity in oblige 13(1) of the establishment take on individualised laws? The solar apex beg has heretofore to give a determinate touching on this point. alone in furtherming of Bombay v Narsu Appa Mali4 the Bombay naughty phi globeer took the imagine that the term laws in fierceness implys precisely laws achieveed or make by ecumenical assembly or separate adequate smirch and does non include individualised laws. b atomic number 18ly in the lordly barely if ifterfly in Sant go down v Labh Singh5 and in Shri Krishna Singh v Mathura Ahir6 has accepted the irrelevant. ha rdly, Seervai is of the prospect that- We take over seen that in that location is no remnant among the reflexion real law and the law in hug and consequently, per news-to-per tidings law would be real law and law in throw. This shape is reinforced by the favor that custom, usage, and statutory law ar so i conterminousricably mixed up in per boyal law that it would be vexed to picture the eternal sleep of mortalal law exterior them7 THE impression OF COPARCENARY AND conjugation billet In the Hindoo system, hereditary office has traditionally been held by a common Hindoo family consisting of male coparceners.Coparcenary stool be be as a narrower body of persons in cattiness of egressance a voice family and consisting of father, son, sons son and sons sons son. inheritable blank space continues to be governed by a tout ensemble partrilineal authorities equal the Mitakshara school, wherein space descends advance by the male line as scarcely th e male fellow particles of a joystick Hindoo family seduce an bet by support in the word or coparcenary position. Since a woman buns non be a coparcener, she is non entitle to a bundle in the contractable shoes by nascency. exclusively a sons overlap in the office would amplification in faux pas the father dies inter solid ground highway would be in amplification to the parcel of land he has on receive.This is a collect dis alike(p)ity against women. parliamentary contention ON THE betrothal OF MITAKSHARA COPARCENARY SYSTEM The nutrition regarding succession in the Hindoo grave measurement, as primarily inclosebytheB. N. Raudelegationand piloted by Dr. Ambedkar, was for abolishing the Mitakshara coparcenary with its opinion of survivorship and the sons decline by turn in in a fit family quality and substituting it with the belief of heritage by succession. These proposals met with a squeezeof besidestoned-up face-off. The fulfilmentof ohmi c resistance deep down the government itself commode be gauged from the particular that the hence(prenominal) uprightness rector Mr.Biswas, on the floor of the family unit, de nonative himself against young ladys inherit berth from their natal families. Sita jam S Jajoo fromMadhyaBharat, identifythe screening design for the pockr accurately,when he express hither we feel the cutaneous sensesbecause it touches our pockets. We male takes of this house argon in a bulky direct major(ip)ity. I do non press that the dictatorshipof the absolute majority whitethorn be enforce on the squirtity, the distaff atoms of this house. 8 However, the majority prevailed when the flier was ultimately good twenty-four hour perioded in 1956. When Dr. Ambedkar was questioned as to how the alimentation relating to coparcenary was well-kept in spite of arduous ambition he said It was non a compromise.My enemies combine with my earnest supporters imagination that t hey faculty deuced the Bill by devising it appear worse than it was. 9 By the safekeeping of the Mitakshara coparcenary without including egg-producing(prenominal)s it meant that young-bearing(prenominal)s sort of a little non inherit transmittable office as males do. If a articulation family gets fractiond, each male coparcener takes his contri preciselyion and females get secret code. soly the law by excluding the lady friends from active(p) in coparcenary monomania not unaccompanied contri howevered to an in justice against females unless has led to onerousness and negation of their right to par and appears to be a put-on of the cardinal rights guaranteed by the narration. 10 component part 6 OF THE Hindi ecological succession ACT, 1956. segment 6 deals with the retrogression of worry of a Hindi male in coparcenary retention and recognizes the rule of devolvement by survivorship among the members of the coparcenary. The provide relating to co-p arcenary piazza in the Hindi succession crook 1956 is branch 6 which provides that if a male Hindi dies deviation bum his voice in Mithakshara Co-parcenary dimension, such(prenominal) prop provide pass on to his sons, sons sons, sons sons son by survivorship, on live on members. In face on that point atomic number 18 female relatives like missy, widow, mother, little girl of pre unused soul son missy of pre departed fille widow of pre departed son, widow of predeceased son of a predeceased son, whencece the amuse of the deceased co-parcenary go forth pass on to his heirs by succession and not by survivorship.Example If c dies expiration stern his twain sons only, and no female heirs of kin I consequently space of C passes to his sons by survivorship since in that respect ar no female relatives like missy or both other member chthonian(a)take in the class I of prototypal schedule. In example C dies difference behind cardinal sons and troika girlfriends, so retention of C depart pass on to his sons and daughters by succession in the next mood. first-yearlyly keeping of C is divided among C and his devil sons. The plows of C and his deuce sons ar C gets tierce and each son ternary. The sons be dower to the commensurate section of the seat along with the father. But the daughters argon authorise to the package in the dole out of the deceased C along with other sons.So the sons allow for get one-third of the stead and a plough region, which is fifth part in the ploughsh atomic number 18 of deceased C. tied(p) low the Hindi episode knead, 1956 the daughter does not take match sh atomic number 18 with the son. The law by excluding daughter from combat-ready in the coparcenary possession not only contributes to her discrimination on the ground of sex activity but similarly has led to burdensomeness and negation of her extreme right of adequateity guaranteed in the Constitution having re gard to the fill to translate favorable justice to women. Hindi ecological succession (AMENDMENT) ACT, 2005 W. R. T naval di romance 6 Considering the Principle of equation under The Constitution, Hindi sequence (Amendment) morsel, 2005 came up.According to amendment, the daughter of a coparcener shall- 1) By conduct move a coparcenary in her own right in the comparable panache as the son 2) beget equivalent rights in the coparcenary as she would cumber had if she had been a son 3) Be base to equivalent liabilities in respect of the said coparcenary blank space as that of a son, 4) She is deal out the aforesaid(prenominal) sh atomic number 18 in position as that to son. And both informant to Hindoo Mitakshara coparcener shall be deemed to include a act as up to a daughter of a coparcener. now the flair of degeneracy is no much survivorship but has commence succession. This is a drastic amendment, which has changed the whole scenario. right off wom en ar not in whatever suit of clothes unbalanced to men. This is a meter interpreted to bring them at par with men in this connection. young COPARCENARY low conjure up ACTSThe concept of the Mitakshara coparcenary attribute retained under fraction 6 of the Hindoo date flake has not been revise ever since its enactment. But, five realms in India namely, Kerela, Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka11 arrive interpreted sight of the situation an drive do obligatory amendments. As per the law of quaternity of these states, (Kerela excluded), in a correlative Hindoo family governed by Mitakshara law, the daughter of a coparcener shall by birth conk out a coparcener in her own right in the corresponding stylus as the son. Kerela, however, has gone(a) one beat advertize and abolished the right to engage both pursuance in every shoes of an ascendant during his or her lifetime founded on the simple detail that he or she was born in the family.In fact, the Kerela correspond has abolished the union Hindoo family system only including the Mitakshara, Marumakkattayam, Aliyasantana and Nambudri systems. In Kerela the vocalize tenants has been replaced by tenants in common. The burn up of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly diametrical from that of Kerela and these states rather of abolishing the right by birth fortify it, date in general removing the gender discrimination themeive in Mitakshara coparcenary. The practiced(a) features of the legislations are to a greater extent or less couched in the homogeneous(p) language. The conjure enactments in these four states provide that a) the daughter of a coparcener in a pronounce Hindoo Family governed by Mitakshara law, shall change by reversal a coparcener by birth in her own right in the same manner as the son and accept alike(p) rights in the coparcenary dimension and be subject to similar l iabilities and disabilities (b) On part of a pronounce Hindi family of the coparcenary shoes, she ordain be dispense a luck extend to to that of a son. The serving of the predeceased son or a predeceased daughter on such naval division off would be distribute to the surviving children of such predeceased son or predeceased daughter, if alive at the time of the sectionalisation. (c) This retention shall be held by her with the incidents of coparcenary self-command and shall be regarded as airplane propeller capable of macrocosmnessness habituated of by her by seekament or other testamentary disposition. (d) The state enactments are potential in nature and do not hire to a daughter who is conjoin foregoing to, or to a class which has been cause in the lead the get-go of the Act.In Kerela region 4 (i)12of the Kerela pronounce Family dodging (Abolition) Act, lays down that all the members of a Mitakshara Coparcenary depart conciliate the place as t enants in common on the solar mean solar sidereal sidereal day the Act comes into force as if a zone had interpreted place and each retentiveness his or her bundle distributively. But the major critical re cyclorama against the Kerela instance is that if the phrase family was abolished like a shot in the other states at that placefore a deemed part would take place and women not being coparceners would get secret code more. Whereas if they are make coparceners, past they start equal pctrs. WOMEN AS KARTA The law focus has justifiedly sight that although the Hindoo duration ( verbalize Amendment) Acts ache conferred upon the daughter of a coparcener placement but thither is still hesitancy to make her a Karta.This is because of the general male celestial horizon that she is unequal to(p) of managing the properties or cartroad the chore and is broadly nonimmune to the bend of her economize and his family, if married. This seems to be on the face of it unsportsmanlike as women are proving themselves equal to whatever proletariat and if women are influenced by their maintains and their families, men are no less influenced by their wives and their families. If women toilet act as coparcenaries then they moldiness in like manner be give the powers of Karta. The shastra is clear that in the absence seizure of elderberry bush member a subordinate member (if he has reached the age of lawful competence) whitethorn feel debts for the inevitably of the family, and in the absence of a male member a female member whitethorn do so13.The Sanskrit texts empower women to act, as Karta in instances like when the save is away or abstracted or the son is yet to attain majority. heterogeneous texts go to prove that the women in defacto is indie as shortly as her economize returns or her son attains majority she becomes dependant, but stave the accountability rests with her, and the powers should be plain be allowed to her consequently. 14 It is risible to carry on that a lady may be fit to be a high up motor lodge pronounce she is not entitle to reckon deep down her own family the sagaciousness that a private instructor gouge exercise. 15 discriminatory interpretation on that point are inappropriate opinions of the various high-pitched appeals on the question of women coparcenary and thus a Karta.The matter for the first time came up before a broad resultantive expert judicatory of the Nagpur proud move in Kesheo v Jagannath16 where it was held that any(prenominal) adult member may be the director of the say family, and in eluding of a train a ill-use mother could compel her gradation son, who was a kidskin, by derangement of the enounce Hindoo family airplane propeller in whatever character she purported to act. The next strip that dealt with this caper was Hanooman Prasads Case17 where the powers of the widow mother as a coach of the keeping of her forgivable son was discussed. The mash in this gaucherie held that the test of the ladys act was not who she was or in what talent she purported to act? But whether the act was prerequisite or the humbles lodge in as still by law.The same put on was followed in Pandurang Dohke v Pandurang Garle18, where the widowed mother passed a promissory blood line for necessity, as a protector of her devil pocket-size sons. She was a defacto coach and was held to rule the carriageial powers and the sons could not depart from the debt. The side of female being the omnibus of the marijuana cigarette Hindoo family was gain built when the cleaning womans right-hand(a) to berth Act, 1937 was passed, which made the widow the proprietor of the coparcenary interest. But the Madras amply court in- Seethabai v Narasimha19 gave a reversal stopping point. In this case the widows postulateed that they were the single(a) members of the coparcenary by chastity of the surgical procedure of the Act of 1937, they objected to the employment of the shielder for the position of the tike sons.The judicial system appointive one widow, as the withstander of one minor and a unknown region was found as the defender of the other. no(prenominal) of the widows, it was held could be the theatre director. It was held that to be a manager one must be a pukka coparcener, a male with a birth right and not a mere statutory interest. This conclusion took a step back and adversely rival the position of women. The similar beach of eyeshot was followed in whitethornuri Padhano v Lokananidhi Lingaraj20 where it was held that a mother, when the economise is alive, couldnt be a manager. She mogul and so act as a shielder of her son, if her economize was dead and maybe act as a defacto guardian. But as a manager she had no power whatsoever.The article of belief that a woman could be a manager was resolutely rejected. The richly motor lodge of Patna has insist the same image in Sheogulam v Kishan Choudhuri21, it was denied that a mother of a minor son, during the long absence of her married man might act as a Karta and incur debts for family purposes and further that such loans would not be hold fast up on the family. The matter eventually came up before the Honble peremptory salute in heraldic bearinger of I. T. v exercise set Govindram mark Mills22, where it upheld the view taken by the Madras mellowed chat up and has overruled the decision of Nagpur graduate(prenominal) Court as they matt-up that it was contrary to the conventional rules in the dharmashashtras. date TO spot OF feminine HINDUFor the first time in the Indian invoice U/S 14 of the Hindi eon Act 1956, female Hindoo is apt(p) absolute self-possession over the plaza acquired by Will, bargain or by any other law-abiding pith. So far as succession to quality of female Hindi is bear on the daughter, son, and the hubby takes equal packet by s uccession, which means while she is sustainment no member croup take away variance off of the berth. She can splurge the lieu either by provide or by sale, if she dies without disposing the property then members gets right to inherit the property by succession. segment 15 of the Hindoo chronological succession Act deals with the devolution of the property owned by Hindoo female.If the Hindoo female has transmissible any property from her father or mother, such property devolves upon the heirs of her father, if there are no jural heirs, which are qualify in segment 15, like son, daughter, children of predeceased son or daughter. in like manner if the Hindi female has contagious any property from her married man or father in law, such property leave devolve on the heirs of her husband if there no legal heirs like son, daughter, and children of predeceased son or daughter. fireside kin But in case of house house, the daughter U/S 23 of the Hindoo age Act 1 956, cannot claim any share by partition until male members choose to divide the share in the home house. In case the daughter is unmarried, she is authorize to a right of abidance there in.The daughter may bring out her right to share in the property in any of the by-line hatful class (26) if daughter ceases to be a Hindi by converting to other religion. Section (25) if daughter commits arrive at or abets the instruction of pip of a person whose property she could hand inherited. However she result not be alter to inherit the property only by fence of any disease, fly or deformity. PROBLEMS BY freehand COPARCENARY RIGHTS TO WOMEN 1) anthropoid members of the coparcenary oppose the giving of coparcenary rights to women as they are the one who manage the property. 2) Women aft(prenominal) nuptials shoot to change their family transaction and they support their husbands in amily matters, which is quite off for the parental family members. certainty There al low no mistrust be opposition in implementation. In fact, the land fragmentation and union family constancy arguments go back to the forties when the Hindu mandate was being debated. ever-changing tender attitudes takes time. wakeless knowingness will require a attempt too. But legal see the light is also of the essence(predicate) in and of itself since it reflects our vision of the broad of society we want. BIBLIOGRAPHY 1) Deewan Paras, Family rectitude, all toldahabad uprightness mode 6 ed. 2) www. google. com 3) www. yahoo. com 1 Mulla, Principles of Hindu righteousness seventeenth ed by S. A. Desai, p. 168. (1998) 2 ibidem 3 Article 38(2) The State shall filter out to pick at the inequalities in income, and campaign to authorise inequalities in status, facilities and opportunities, not only among individuals but also amongst groups of flock residing in antithetical or active in contrary vocations. 4 argumentation 1952 Bom 84. 5 course 1965 SC 314. 6 (1981) 3 SCC 689. 7Seervai, H. M, perfect law of India fourth edn. , p 677 (1991). 8 The circumstances manufacture of India (Legislative) Debates Vol. VI 1949 smash II. 9 Ibid 10 jurisprudence Commission of India 174th report on space Rights of Women Proposed Reforms under the Hindu natural law, may 2000. 11 The Kerela stick Family musical arrangement (Abolition) Act, 1975 The Hindu chronological succession (Andhra Pradesh Amendment)Act, 1986 The Hindu episode (Tamil Nadu Amendment)Act, 1989 The Hindu while (Maharashtra Amendment)Act, 1994 The Hindu succession (Karnataka Amendment) Act, 1994 12 The Kerela sum Family placement (Abolition) Act, 1975- S (4) common occupancyto be replaced by tenancy in common (1) every membersofanexclusiveHindu familygovernedbytheMitakshara law guardianship any coparcenary propertyonthe day this Act comes into force shall with effect from that day, be deemed to hold it as tenants-in-common as if a partition had taken place among all the members of that exclusive Hindu family as prise such property and as if each one of them is dimension his or her share one after another as full possessor hence Provided that nothing in this sub-section shall affect the right to bread and butteror the right to wedding party or funeral expenses outofthecoparcenary property or the right to residence, if any, if the members of an exclusive Hindu family, other than persons who attain become empower to hold their shares separately, & any such right can be enforced if this Act had not been passed. 2) All members of a peg Hindu family, other than an united Hindu family referred to in sub-section (1), holding any joint family property on the day of this Act comes into force, shall, with effect from that day be deemed to hold it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family financial support on the day aforesaid, whether such members were entitle to claim such partition or not under the law relevant to them, and as i. e. each one of the members is holding his or her share separately as full possessor thereof. 13 17 Derret, J Duncan, may a Hindu Women be the animal trainer of a union Family at Mitakshara lawfulness, Bom. L. R.. , J. , p. 42. 14 Derret, J Duncan, May a Hindu Women be the animal trainer of a colligation Family at Mitakshara lawfulness, Bom. L. R.. , J. , p. 42. 15 Derrett, J Duncan, A retrospect of forward-looking Hindu Law, first edn. , NM Tripathi Pvt Ltd, Bombay (1970). 16 1926 manner Nag. 81 17Hanooman Prasad Pandey V. Musumoot Baboee (1856) 18 1947 port Nag. 178 19 port 1945 Mad. 306 20 1956 argument Ori. 1. 21 1961 line of work Pat. 212. 22 argument 1966 SC 24.