KJHFS Act 4

Section 4 · Joint tenancy to be replaced by tenancy in common

(1)

All members of an undevided Hindu Family governed by the Mitakshara law holding any coparcenary property on the day this Act comes into force shall, With effect from that day, be deemed to hold it as tenants-in-common as If a partition had taken place among all the members of that undevided Hindu family as respects such property and as if each one of them holding his or her share separately as full owner thereofProvided that nothing in this sub-section shall affect the right to maintenance or the right to marriage or funeral expenses out of the coparcenary property or the right to residence, if any of the members of an undevided Hindu family, other than persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Act had not been passed

(2)

All members of a Joint Hindu Family, other than an undivided Hindu family referred to in sub-section (1), holding any joint family property on the day this Act comes Into force, shall, with effect from that day be deemed to hold 1t as tenants-in-common, as If a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as if each one of the members rs holding hrs or her share separately as full owner there of

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