How is the share allotted to the coparcener on par­tition under Hindu Law?

On a between the members of a joint family the shares are allotted according to following rules:

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(1) On partition between the father and the sons each son takes a share equal to that of his father, for example, if a family consists of a father and two sons, the property will be divided into three parts, each member taking one-third.

(2) On the partition between brothers each takes equal shares to the other except in the presence of a contrary custom, e.g., Jayasthan. According to the custom an extra share is given to the eldest son.

(3) The family may be large and there may be branches and sub-branches. In such a case the property may first be divided among the branches, or sub-branches as the case may be, i.e., per stripes (according to stock) and the members of each branch may take per capita (per head).

(4) On the death of the coparceners leaving male issue his right to share on partition is represented by his male issue, that is, it passes to his male issue, provided such issue be within the limits of coparcenary.

Here are three branches of the joint family represented respec­tively by the three sons of A and their descendants.

The joint family property will, therefore, be divided per stripes (according to the stock) into three parts corresponding to the three branches, each branch taking one-third, the result is that B will take 1/3, C¹ and C² will take the 1/3 share of C equally between them, each taking half of 1/3, i.e. „ 1/6 and E³ E² and E¹, will take the 1/3 share of D equally between them. Each taking 1/3 of 1/3, i.e., 1/9.

(b) A dies leaving a son C and two grandsons D and E. D uses E and C for partition. Here there are two branches of the joint family represented respectively by two sons of A and their de­scendants. The joint family property will, therefore, be divided into two parts corresponding to two branches, i. e., per stripes each taking 1/2. The result is that C will take 1/2 and D and E will take 1/2 and hence D will take 1/4, C and E remains joint having 3/4 with them 1/4+ 1/2). Later on C and E part. There is difference of opinion on this point between Bombay and Madras High Courts.

The Bombay High Court says that C and E will divide their shares, i.e., 3/4 into two equal parts each taking 3/8 and previous partition between D and E and C is not to be taken into consid­eration and E will get six annas share (3/8) and C will get six annas share (3/8).

But the Madras High Court says that the previous partition is to be taken into consideration and E will take the remaining share of his branch, i.e., 1/4 and C will take his own branch’s share, i.e., 1/2., The Madras High Court is of the view that in cases in which only some of the members of a joint family separate from it at one time and others on a subsequent occasion regard should be had to the share allotted at the first partition in computing the shares to be allotted at the second partition.