A Mitakshara Coparcenary Consisted of Three Brothers - Law Assignment Help

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1. A Mitakshara coparcenary consisted of three brothers A, B and C, B’s son BS and his son BSS, and  C’s son CS, grandson CSS and great grandson CSSS. There were female members in the Hindu joint  family including AW - the wife of A, BW – the wife of B and CW – the wife of C, as well as B’s  daughter BD and C’s daughter CD. B was the karta, who efficiently managed the properties as well as  ensured unity among the family members of the large Hindu joint family. One day, while A was  surveying cultivation in the agricultural land owned by the family, he suddenly died due to a snake bite. 
Although AW was heartbroken, she overcame her husband’s loss and remarried two years after A’s  death. What are AW’s rights and entitlements if A died as an undivided coparcener? Please calculate  her share where relevant. 
f) Calculate AW’s share if A and AW had two sons AS and AS2 and a daughter AD, and A died  in 2004? 
2. F, a father, had W – his wife, sons S1, S2, S3 and S4, grandsons S5 and S6 whose father is S1, S7 and  S8 whose father is S2, S9, S10 and S11 whose father is S3, and S12 whose father is S4. S3 has daughter  D1. S4 has two daughters D2 and D3. In an air crash, F, S1, S2 and S3 and S4 died. The grandsons  decide to partition the coparcenary property.  
a) Draw a family tree & explain the position of W and the share she is entitled to, if any, if the  partition takes place in 2004. Indicate the shares of all members of the coparcenary. b) Work out the shares of all members of the coparcenary if the partition of the coparcenary property  took place in 2014. 
3. A, a Hindu man, died intestate, leaving behind his widow W, three daughters D1, D2 and D3, and two  sons S1 and S2. S1 married W1 and had two sons S3 and S4, and a daughter D4. S2 became an atheist  in 2002; S3 converted to Christianity in 2003 and married a Christian woman under the Special  Marriage Act, 1954 and had a son S5 and daughter D5. D1 died intestate in 2004, leaving behind her  husband H, daughter D6 and son S6. D2 divorced her husband H2 and returned to her natal home and  lived with her parents. D3 remained unmarried. The family of A is governed by Mitakshara  coparcenary as applicable in the state of Haryana. A died an undivided member of the coparcenary  whose property was worth Rs. 150 crores. In addition, he also owned separate property, the value of  which was estimated to be around Rs. 50 crores. S1 filed a partition suit in a court of law in Haryana.  Determine the shares of each heir of the family  
a) If the partition suit was filed 2000 and final decree was issued by the court in 2004; and  b) If the partition suit was filed in 2000, and the suit remained pending for final decree in 2019. 
4. A, a female Hindu, dies intestate, leaving behind her mother M, brothers B1 and B2, sisters X and XX,  her predeceased brother B3’s son BS, her predeceased sister XXX’s daughter SD, her husband’s  brother BL, BL’s son BLS, BL’s daughter BLD, A’s mother in law ML, and A’s mother in law’s sister  MLS. A died without any children. Work out the devolution of her properties. The properties she  owned at the time of her death consisted of  
a) 30 acres of land that she had inherited from her father-in-law as the widow of his predeceased son;  
b) A house worth 10 crores that she inherited from her father;  
c) A 5 acre land inherited from her father, which she sold for Rs. 20 lacs and used the sale proceeds  to purchase agricultural bonds with NABARD; 
d) Self-owned property consisting of mutual funds, fixed deposits, stocks and shares to the tune of  50 crores; 
e) an undivided interest in the coparcenary with B1, B2 and BS, with the joint family property worth  Rs. 500 crores. 
5. A, a father and karta of a Hindu joint family, managed movable and immovable properties spread  across 5 states in India – Chhattisgarh, Odisha, Jharkhand, Bihar and Uttaranchal. The total worth of  the properties was Rs 100 crores. The Hindu joint family consisted of 28 members including the karta,  among whom 18 were coparceners. In the years 1999 and 2000, he made the following property  transactions in his capacity as the karta: 
i. He mortgaged of a piece of land for Rs. 50 lakhs in order to pay for the annual fees of his brother’s  daughter for her B.A. course at Delhi University; 
ii. He gifted an agricultural land which had a market value of Rs. 20 lakhs to his daughter when she  visited him at the natal home the first time after her marriage; 
iii. He mortgaged a fertile piece of land worth Rs. 20 lakhs with the HDFC bank to raise a loan of  Rs. 15 lakhs for the entire family to go on a pilgrimage to Haridwar and Rishikesh; iv. He liquidated high fetching mutual funds of Rs. 30 lakhs in order to purchase a mediclaim  insurance policy on behalf of each family member, to protect them against possible medical  expenses due to COVID 19; and 
v. He mortgaged his wife’s jewellery worth Rs. 25 lakhs in order to hire the professional services of  Adv. Ram Jethmalani to defend his brother’s grandson in a criminal case filed against him for rape  and murder. 
a) Which of these alienations is legal and under what conditions? Substantiate with reasons and case law. b) In 2010, A’s daughter and two of the brothers of the karta, who live with the joint family, wish to  challenge these alienations made by the karta as they believe that the alienations are illegal. If you  were their lawyer, what legal recourse would you advise? 
c) In 2019, an alienee of the jewellery referred to in v. above has approached you for legal advice as the  karta’s wife sent a legal notice to him challenging the alienation made by the karta. What would you  advise the alienee? Substantiate with reasons and case law. 

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