Devolution of Coparcenary Interest: A Critical Analysis of Notional Partition in the Post-2005 Era

This paper provides a critical analysis of the idea of notional partition in the context of coparcenary interest devolution under Hindu law, particularly in regard to the transformational amendments made by the Hindu Succession (Amendment) Act of 2005. The paper explores the historical evolution of Mitakshara coparcenary and women’s exclusion from ancestral property rights before delving into legislative and judicial measures with the objective of rectifying gender inequalities. Focusing on the post-2005 legal system, the research interrogates the continuing importance and complexity of notional partition, a legal fiction used to determine the shares of heirs on the death of a coparcener. The analysis highlights unresolved ambiguities, inconsistencies in judicial interpretation, and practical challenges arising from the dual responsibilities that daughters now undertake as both coparceners and heirs. The article concludes with doctrinal and legislative recommendations to simplify succession law, address gender imbalances, and ensure that the promise of equal inheritance is preserved in practice as well as in principle.