History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.35.2

v7.c96.s2.35.2

If a Hindu coparcener of the Mitākṣarā system dies after the Succession Act comes into force, leaving him surviving no son, but a daughter or the daughter of a predeceased son or the son of a predeceased daughter or daughter of a predeceased daughter, his interest in the coparcenary property will not pass by survivorship to the other surviving male members of the coparcenary but to the above mentioned descendants of his and the interest that would pass to these descendants would be the share in the coparcenary property that would have been allotted to him if partition of the coparcenary property had taken place immediately before his death. Before this Act, the daughter or the other heirs mentioned above would have got nothing in the coparcenary property when any male member of the family died sonless. These two changes make of the joint family of the Mitākṣarā type a mere shell. It was suggested when the Bill was before Parliament that Parliament should provide that the joint family system of the Mitākṣarā type has been abrogated and that all members of the joint family after the passing of the Act would be only tenants-in-common. But this was not done. Why the Minister in charge or the members of Parliament felt squeamish about ending the coparcenary system of the Mitākṣarā is not clear to the present author. It looks like straining at a gnat while swallowing a camel.