1963 (12) TMI 26 - HC - Indian Laws

Summary

Issues:
Interpretation of Section 6 of the Hindu Succession Act 1956 regarding the devolution of interest in Mitakshara coparcenary property upon the death of a male Hindu.

Detailed Analysis:

Issue 1: Interpretation of Section 6 of the Hindu Succession Act 1956
The case involved the interpretation of Section 6 of the Hindu Succession Act 1956, which deals with the devolution of interest in Mitakshara coparcenary property upon the death of a male Hindu. The deceased left behind his widow, son, and daughters, leading to a dispute over the widow's share in the family properties. The trial judge held the widow had a 2/5th share, while the District Judge determined it to be 1/15th. The main question was the calculation of the deceased's interest in the property as per Section 6 of the Act.

Issue 2: The Effect of Section 6 on Division of Property
Section 6 of the Act specifies that the interest of a Hindu Mitakshara coparcener is deemed to be the share that would have been allotted to him if a partition had taken place immediately before his death. The judgment discussed the implications of this provision on the widow's entitlement, especially in cases where there are daughters involved, as they have rights to maintenance and marriage expenses from the joint family property. The court deliberated on whether the provision disregards the share of female relatives in the coparcenary property.

Issue 3: Application of Section 4 of the Hindu Succession Act
The judgment also analyzed Section 4 of the Hindu Succession Act, which gives overriding effect to the provisions of the Act over any prior Hindu law or custom. The court considered the argument that the rule of partition entitling the mother to a share and providing for daughters' maintenance expenses should be deemed abrogated under Section 4 due to the changes brought about by the Act. The court concluded that the rule of partition must be considered abrogated in light of the Act's provisions.

Conclusion:
The court held that the interest of a Hindu Mitakshara coparcener available for division under Section 6 would be the share that would be allotted to him if a partition had taken place before his death, with the rule of partition providing for the mother's share and daughters' maintenance expenses deemed abrogated under Section 4. The appeal was dismissed, emphasizing the Act's provisions over prior Hindu laws and customs, leading to the widow's entitlement to a specific share in the family property.