The widow of a coparcener in a joint family property has the similar interest in the property as her husband would have had had he been alive. The widow can also claim the partition of a joint Hindu property but it should in no way affect the status of the family. In accordance with the Dyabhaga as well as the Mitakshara school of belief, the if a person dies intestate with some property of his own,, then the same shall be equally distributed amongst his widow and the sons.
Wife: During the lifetime of the husband, a wife can never claim partition of the joint Hindu property because she and her husband are considered to be religiously united. Some exponents of Hindu law have stated that “There can be no partition between husband and wife”
According To the Dayabhaga school of law, after the death of the father, the joint Hindu Property should be equally divided amongst the sons and the mother.
Share of the wife according to Mitakshara Law : Except in Chennai, the Mitakshara Law provides that a wife is entitled on a partition between the husband and the sons to a equal share, which will be the same as that of a son but she cannot enforce or initiate a partition. The wife can also sue for her share in the property if she is deprived of the same. According to the Mitakshara law anything given to the wife by her husband and her father –in- law have to be deducted from here share in the property. Where it exists, the right of the wife to a share on partition is unaffected by the Hindu Women’s rights to Property Act.
Share of the wife according to the Dayabhaga Law : Under the Dayabhaga Law, the father is the absolute owner of the property and therefore, he can indulge in unequal partition. However if there is a partition of the property between him and his sons, then the wife is entitled to equal share in the property according to the sons, as long as she doesnot have a male child.
