Who are the persons governed by Hindu Law? Who are the persons entitled to share in a partition of the Joint Hindu Family?

Question: Who are the persons governed by Hindu Law? Who are the persons entitled to share in a partition of the Joint Hindu Family?

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Answer

Enactments such as Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Adoption and Maintenance Act 1956 (Section 2 for all three acts), and Hindu Minority and Guardianship Act 1956 (Section 3) describe the categories of people who fall under the ambit of Hindu Law. The people to whom the Hindu Law applies are:

1. Hindu by Religion

• Follower of Hinduism: The applicability of Hindu Law stretches to any person who follows the Hindu religion. This includes everyone who follows Brahmo, Arya, Lingayat, or Prarthana Samaj. Moreover, people who are followers of Buddhism, Jainism, or Sikhism also fall under the ambit of being called Hindus. In addition to that, any person who does not follow Islam, Christianity, Zoroastrianism, or Judaism is called a Hindu.
• Hindu Converted: This law also applies to individuals who were not Hindus before but have converted themselves into Hindus. There are certain conditions that are necessary to be fulfilled for a legal conversion to happen such as-

1. 1. the person has voluntarily made the decision to live as a Hindu
   2. the person starts living as a Hindu
   3. the Hindu community accepts him as a part of its own. These grounds were laid down in the case of Perumal Nadar v. Ponnuswami.

2. Hindu by Birth

• If both parents are Hindu: A child falls under the ambit of Hindu law if both his parents are Hindus. It is immaterial whether the child is legitimate or illegitimate.
• If either parent is Hindu: If either of the parents is a Hindu, then the child should be called a Hindu if he has been brought up as a Hindu. The same was reiterated by the Delhi High Court in the case of Menaka Gandhi v. Indira Gandhi.

Section 2(2) of the Hindu Marriage Act also states that nothing contained in this act shall apply to any member of any Scheduled Tribes (even if they are Hindu) unless notification is made by the Central Government for the same.

Persons entitled to share in Partition

As a general rule, it is stated that any person who is not a coparcener is not entitled to the share in the joint family property. It is irrespective of whether that person is a male or a female. It is given that a person who is a coparcener is entitled to call for a partition and will get an equal share along with all the other coparceners.

However, there are certain exceptions to this rule under Mitakshara Law. Mitakshara Law goes forward in safeguarding the interests and rights of women including wives, daughters, mothers, and widows. These members of the Hindu Joint family have no right to demand partition but if anyhow partition takes place, they are entitled to their respective shares.

For these females, the entitlement of shares arises only if there is the severance of status of the joint family accompanied by a partition by metes and bounds. If she is not allotted her share at the time of partition, she has the right to reopen the partition to claim her share.

• Father’s wife

If a partition takes place between a woman’s husband and her sons, then she is entitled to get an equal share to that of a son. If the marriage of the father took place before the enactment of the Hindu Marriage Act 1955, and if he has more than one wife, then each wife is entitled to a separate share to that of a son.

• Widowed mother

If the father is not alive, and then the partition takes place between the brothers, then the widowed mother will be entitled to get an equal share to that of a son.

• Paternal Widowed Grandmother

If a partition takes place, then she is entitled to get an equal share to that of her grandson.

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