A daughter of a coparcener in a Mitakshara joint Hindu family is a coparcener by birth, with the same rights and liabilities as a son, subject to the commencement and the saving language of the 2005 amendment as read by the Supreme Court.
That proposition does not invent title. A partition suit still needs the genealogy, the property schedule, the revenue record, and any prior Bantwara Patra or family settlement. Oral family history, however sincerely held, is not a decree.
A maternal grandson’s rights, if any, travel through the mother and through the nature of the estate — ancestral, self-acquired, or already partitioned. Those are questions of document, not of sentiment.
This note does not decide any family’s dispute.
General information under Indian law. Not an opinion, not a retainer, not a substitute for a conference on your papers.