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1963 Supreme(Bom) 99

D.V.PATEL, M.G.CHITALE
Shiramabai – Appellant
Versus
Kalgonda Bhimgonda. – Respondent


JUDGMENT - 1. The question in this case is one of interpretation of Section 6 of that Hindu Succession Act 1956.

2. One Bhimgonda died leaving behind him, the plaintiff his widow, a son defendant No. 1, three daughters defendants, 2, 3 and 4 by his predeceased wife Anjanabai. Bhimgonda and his son formed a coparcenary and owned the suit property. Jangonda defendant No. 5 is the father of Anjanabai and defendants Nos. 6 and 7 are two co-sharers of some properties. The plaintiff filed this suit, for partition and possession of her share in the properties-claiming that she was entitled to 1/3 plus 1/15 i.e. 2/5. Defendant No. 1 contended that she was entitled to only. 1/10th share and no more. The learned trial Judge has. held that the plaintiff has 2/5th share in the family properties, and the learned District Judge has held that the plaintiff is entitled to 1/15th share, but as the defendants had admitted it to be 1/10th, he decreed accordingly. The question that arises is not easy to answer.

2a. Section 6 of the Hindu Succession Act, 1956, is as follows:

"When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcena














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