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Issues:
1. Determination of shares in joint family property after the death of a coparcener. 2. Interpretation of Section 6 of the Hindu Succession Act. 3. Application of legal fiction in determining shares in coparcenary property. 4. Comparison of rights under the Hindu Women's Right to Property Act and the old Hindu law. Analysis: 1. The case involves the determination of shares in joint family property after the death of a coparcener. The dispute centers around the interpretation of the shares of the heirs based on the coparcenary structure at the time of the coparcener's death. The plaintiffs argue for an equal division among the heirs, while the defendant contests this based on the lack of actual partition before the coparcener's death. 2. The interpretation of Section 6 of the Hindu Succession Act is crucial in this case. The section deals with the devolution of a male Hindu's interest in a Mitakshara coparcenary property. The proviso in the section introduces a significant change by allowing female relatives specified in Class I of the Schedule to inherit coparcenary property, deviating from the traditional doctrine of survivorship. 3. The application of legal fiction under Explanation 1 of Section 6 is pivotal in determining the shares in coparcenary property. The legal fiction deems the coparcener's interest to be the share that would have been allotted to him in a notional partition immediately before his death. This leads to the allocation of shares among the heirs based on this hypothetical partition scenario. 4. A comparison between the rights under the Hindu Women's Right to Property Act and the old Hindu law is necessary to understand the evolution of inheritance rights. The court examines the rights of widows to inherit property and the fluctuating nature of their interests under different legal frameworks, emphasizing the changes brought about by subsequent legislation. In conclusion, the court upholds the trial court's decision, determining the shares in the joint family property based on the legal fiction introduced in Section 6 of the Hindu Succession Act. The judgment emphasizes the application of legal principles to resolve disputes regarding coparcenary property and inheritance rights, highlighting the evolution of laws governing succession in Hindu joint families.
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