Rules for determining Shares which legal heirs will receive after death of coparcener
In the case of Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum & Ors. AIR 1978 SC 1239 it is held that the share of the deceased in the coparcenary property must be ascertained to ascertain the
share of the heirs in the property of the deceased coparcener. The share that will succeed to them is only the share in the property that would have been allotted to the deceased coparcener if a partition of that property had taken place immediately before his death. It must, therefore, be assumed that the partition had so taken place. The share of the other heirs cannot be ascertained without reference to such share which would devolve by succession. All the consequences which flow from a real partition have to be logically worked out so that the share of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the lifetime of the deceased. Hence the heirs of such deceased coparcener will get his or her share in the interest which the deceased had in the coparcenary property at the time of his death in addition to the share which he or she would receive in the notional partition. Similarly the share of the widow in the coparcenary property would be ascertained by adding the share to which she is entitled upon the notional partition during her husband's lifetime to the share which she would get in the husband's interest upon his death.
Bombay High Court
Shalini Sumant Raut & Ors vs Milind Sumant Raut & Ors on 14 December, 2012
Bench: R. S. Dalvi
