Where upon the partition taking place, the widowed mother is allotted a share, she cannot be deprived of her right to inheritance on the death of the son. She is entitled to have a share in the interest of the son in the co-parcenary property-Savitri v. Devaki AIR 1982 Kar 67

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 has taken place during the life time of the deceased. The allotment of his share is not a processual step devised merely for the purpose of working out some other conclusion. Heir will get his or her shall 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 received or must be deemed to have received in the rational partition-Gurupada v.Heera Bai AIR 1978 SC 1239

In the case, actual partition takes place, share of the person, widow or the mother, entitled is to be consider so as to ascertain the share of the deceased coparcener.-Viruprakash v.Bole dawwa 1981 (1) Kar LJ 433

Where the separate property it got by the father in partition with his sons; the property is not to be taken as coparcenary property in the hands of father. On father becoming dead each son takes as a tenant-in-common and not as joint tenant-Satya Narayana v. Rameshwer AIR 1982 Pat 44.

In order to ascertain the nature of property within the meaning of s.6 relevant date is the date on which the father acquired the property whether by succession or by dissolution-Ram Singh v. Badhu Sen AIR 1981 All 126.

Property that is in the hands of the son can not amount to coparcenary property, the reason behind being that nature and character of ancestral property as far as Mitakshara law is concerned is completely abrogated- Malchand Thirani & Sons v. CIT 1980 (121) ITR 976