Hindu Succession Act,1956

Act No : 30

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Section : Devolution of interest in coparcenary property.

6.Devolution of interest in coparcenary property. When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act: Provided that, if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative spe- cified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. Explanation 1.-For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. Explanation 2.-Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.

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Shambasiv wrote on 02 May 2009

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

Shambasiv wrote on 02 May 2009

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

Shambasiv wrote on 02 May 2009

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

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