To What Extent is the Right of Representation Recognised under the Hindu Law?

It was held that the doctrine of representation was applicable and that D1 and D2 together take one share while  alone would take one share. Thus, the son of a pre-deceased son of the Propositus (i.e., deceased owner) can claim the right of representation. So also the sons of a pre­deceased son of a pre-deceased son.

Under the Hindu Law prior to 1956 no one else could claim the benefit of the doctrine of representation.

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Change Made in 1956:

Under the Act of 1956 the principle of representation has been extended. It is now applicable also to the daughter of a predeceased son, daughter of a pre-deceased son of a pre-deceased son, son of a pre-deceased daughter and daughter of a pre-deceased daughter.

Thus, now the daughter of a pre-deceased daughter, though remoter, can claim along with a daughter. Suppose there are: one daughter and four daughters of a predeceased daughter. Then the daughter takes one share while all the four daughters of the pre-deceased daughter will collectively take one share in the right of their pre-deceased mother.

How the principle of representation is to be applied is stated in rules 3 and 4 of s. 10. Each son and daughter and each pre-deceased Son and pre-deceased daughter is taken as a distinct branch to each of which one share is to be allotted.

The share of the pre-deceased daughter is distributed among her surviving children. The share of a pre­deceased son is distributed among his surviving children and widow and a share is also allotted out of that share to the branch of the pre­deceased son of the pre-deceased son.