( 46 ) WE have already noted that if the family was joint at the time of putative father's death, the illegitimate son will not get a share but he is entitled only to maintenance. The Atiyat law also is the same. The lower Court has considered under issue No. 5 the entire oral and documentary evidence and arrived at the conclusion that the family was joint till 1945. It has also found that all the items now in the suit were treated as joint family properties at the time of the division in 1945. The said finding is supported by the evidence of D. Ws. 4 and 6 and 7. D. W. 4 has clearly stated as follows : " There was a custom in the family that whoever was the eldest should become the holder of Samsthan. The whole family was joint when Raja Sadasivarao died. When Raja Rajeswararao died the family was still joint. The quarrel arose regarding the sucession to the Samsthan after the death of rajeshwararao, between Rajeswararao's son Someswararao and my brother-in-law Raja Rameswararao and then the family was divided. The family was divided after succession was granted to raja Someswararao son of Raja Rajeswararao, roughly ten years ago before jagir Abolition. " in the cross-examination

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