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Person who have a Right to Partition and Right to Share

Under Hindu law, the following persons have a right to partition and a right to share in the partition of joint family property:

  1. Coparceners: Coparceners are persons who acquire an interest in joint family property by birth. This includes all sons and daughters of the holder of the joint family property, as well as their descendants. Coparceners have an equal right to partition and a right to an equal share in the partition.
  2. Female coparceners: Female coparceners were granted the right to become coparceners and have equal rights to partition and a share in the partition through an amendment to the Hindu Succession Act, 1956 in 2005. This includes daughters, granddaughters, and great-granddaughters of the holder of the joint family property.
  3. Legal heirs: In the absence of coparceners, legal heirs of the holder of the joint family property have a right to partition and a share in the partition. This includes widows, sons-in-law, and other relatives who have a legal claim to the property.
  4. Purchasers: If a coparcener or legal heir has sold their share in the joint family property to a third party, the purchaser becomes a co-owner of the property and has a right to partition and a share in the partition.

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