Mitakshara Law – Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate – “If a property of a male Hindu dying intestate is a self- acquired property or obtained in partition of a co-parcenery or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals.”
Held, in the case at hands, since the property in question was admittedly the self-acquired property of M despite the family being in state of jointness upon his death intestate, his sole surviving daughter K , will inherit the same by inheritance and the property shall not devolve by survivorship to the relatives of the father (son of the deceased brother of the father).
