Joint Tenancy and Tenancy in Common:
Section 19 of the Act provides: “If two or more heirs succeed together to the property of an intestate they shall take the property—
(a) Save as otherwise expressly provided in this Act, per capita and not per stirpes; and
(b) As tenants in common and not as joint tenants.”
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ADVERTISEMENTS:
The section lays down the general rule of distribution that two or more heirs of a male or female intestate who succeed together under the Act take the property per capita and as tenants in common and not per stirpes unless the law provides contrary.
In case of per capita distribution of the intestate’s property, each claimant has a share in his or her own right. For instance, where a question of succession arises between a male intestate’s brothers and sisters and son’s daughter’s son and son’s daughter’s daughter, they all shall succeed together and each shall take equal share.
ADVERTISEMENTS:
In case of distribution per stirpes the claimant gets a share as representing another person. For instance, in case of distribution of property a male intestate among his heirs in class I of the Schedule, the surviving sons, daughters and mother take one share each which is a division per capita, while the heirs in the branch of predeceased son or daughter takes between them one share as laid down in Rule 3 of Section 10.
Thus in the latter case the distribution is per stirpes and on the principle of representation. The rules laid down in Rule 1, 3 and 4 of Section 10, Rule 2 of Section 16 provide instances of per stirpes distribution of intestate’s property.
After the commencement of the Hindu Succession Act, the co-widows or two or more than two daughters will inherit the property as tenants in common, which on their death will go to their own heirs? Since co-widows enjoy the status of tenants in common, either of the two will be entitled to bring a suit to get the trespasser expelled.