Home / Legal / The property purchase was made in the name of the minor's son. Does the younger brother and sister have the right to claim partition in that Property under Diyabhaga law?
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The property purchase was made in the name of the minor's son. Does the younger brother and sister have the right to claim partition in that Property under Diyabhaga law?

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0 2024-07-31T19:07:11+00:00
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Under the Dayabhaga law, partition refers to the division of property by metes and bounds. The joint family property is subject to partition, but individual properties of coparceners are not. Unlike the Mitakshara school, where male descendants inherit a right to the family property by birth, the Dayabhaga system does not divide ancestral property among coparceners. Instead, it passes to the heirs of the deceased in equal shares. Therefore, the younger brother and sister would have equal rights to inherit the property under the Dayabhaga system.

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