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Father in Hindu Law

By K. Krishnamurthi

Published In

Air 1990

What is the position of father in the Codified Hindu Law? Father, in the ancient law was as a coparcenary member. In the event of his son's death, he will get an enlarged share by way of survivorship. For e.g., in a Joint Family consisting of A — the father, B — the son, on the demise of B, the property will devolve upon A only. That is A — the father on the death of his only son B will become absolute owner of entire property of the family. The above illustration, if interpreted in terms of the Hindu Succession Act 1955, on the demise of B, the only son, the entire share of B will not go to A at all. On the other hand whatever share that B would get at notional partition will be inherited by Class I heir viz., the widow of B, mother of B, sons and daughters of B and in their absence the sons and daughters of deceased sons or daughters. A — the father will not get any share from the son's share. The father is not a Class I heir but only a Class II who ....

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