wife can't demand partition of joint family property when her husband is alive

 To clarify this position here it is to be noted that co-parcener refers to a male issue i.e., may be a father or a son. The wives of co-owners do not get any interest by virtue of their marriage. It is only a Hindu widow who gets the interest of her husband in the coparcenary or in the joint family property upon the death of her husband. That interest enables her to claim maintenance and residence. Only a widow can demand partition of the interest which her deceased husband would have been entitled to. Consequently, a wife has no share, right title or interest in the Hindu Undivided Family in which her husband is a co-parcener with his brothers, father or sons and after the amendment of Section 6 of the Hindu Succession Act 2005 with his sisters and daughters also. The wife, may be a member of a joint Hindu Family, but by virtue of being a member in the joint Hindu Family she cannot get any share, right, title or interest in the joint Hindu Family property which that family owns. A wife cannot demand for partition unlike a daughter. She would get a share only if partition is demanded by her husband or sons and the property is actually partitioned. The claim by a wife during lifetime of the husband in the share and interest which has as a co-parcener in his Hindu Undivided Family is wholly premature and completely misconceived.

Karnataka High Court

Thabagouda Satteppa Umarani vs Satteppa S/O. Thabagouda Umarani on 2 September, 2014

Author: Huluvadi G.Ramesh

Citation;AIR 2015(NOC)435 karnat