PARTITION UNDER HINDU LAW – THE IMPACT OF THE 2005 AMENDMENT ON DAUGHTER’S INHERITANCE RIGHTS ; A COMPARITIVE ANALYSIS BEFORE AND AFTER THE AMENDMENT

AUTHOR – MANJENI J* & DR. P. BRINDA**, LLM SCHOLAR* & ASSOCIATE PROFESSOR**, SCHOOL OF EXCELLENCE IN LAW, TNDALU.

BEST CITATION – MANJENI J & DR. P. BRINDA, PARTITION UNDER HINDU LAW – THE IMPACT OF THE 2005 AMENDMENT ON DAUGHTER’S INHERITANCE RIGHTS ; A COMPARITIVE ANALYSIS BEFORE AND AFTER THE AMENDMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 981-988, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Partition under Hindu law refers to the division of joint family property among its members, bringing an end to the Hindu Undivided Family (HUF). It is primarily governed by the Mitakshara and Dayabhaga Schools of Hindu Law and the Hindu Succession Act, 1956, as amended in 2005. Partition can be carried out through mutual agreement, notice, legal suit, orconduct that signifies division. It can be total (where the joint family dissolves entirely) or partial (where some members separate while others remain joint). Upon partition, each member acquires independent ownership of their respective shares, and the rule of survivorship ceases to apply. This paper explores the nature, types, legal provisions, and consequences of partition under Hindu law while analyzing its impact on the traditional and modern inheritance system.