JUDGMENT - 1. These two petitions raise a common question of law and are dealt with together.

2. Special Civil Application No. 163 of 1967 is by the three heirs of one Shamrao Deshmukh who died on 15-6-1957 leaving behind him his son Narayanrao, his widow Sulochanabai and his mother Gangabai, who are the present petitioners. While Shamrao was alive he and the petitioner No. 1 formed a joint Hindu family in which according to the Hindu Womens Right to Property Act, 1937, Shamraos widow and Narayanraos mother Sulochanabai, had a right to claim partition in the event of the partition between the father and the son and after the death of Shamrao she had a right to claim partition from her son Narayanrao. The Hindu Succession Act which came into force with effect from 17th June 1956 made the mother also an heir along with the son and the widow and in the share owned by the deceased Shamrao during his life time the son, the widow and the mother held equal shares. As per the decision of the Division Bench of this Court in Rangu-bai v. Laxman, AIR 1966 Bom 169 when the interest of the deceased coparcener is to be determined under Section 6 of the Hindu Succession Act, the Courts have first

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