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1974 Supreme(Bom) 102

KANTAWALA, TULZAPURKAR, DHARMADHIKARI
Sushilabai Ramchandra Kulkarni – Appellant
Versus
Narayanrao Gopalrao Deshpande – Respondent


Advocates:
S.G. Ghate, for Appellant; J.N. Chandurkar, for Respondent.

Judgement

KANTAWALA, C.J. :- The Division Bench of this Court has referred to the Full Bench the following two questions for determination :

(1) Is the scope of the fiction in the Explanation of Section 6 of the Hindu Succession Act, 1956 as wide as was held in Rangubai v. Laxman, 1966 Mah LJ 240 : (AIR 1966 Bom 169), and whether the view taken in Rangubai's case that as a result of the notional partition contemplated by the proviso to Section 6 of the Hindu Succession Act, the shares of persons other than the deceased coparcener also become fixed as if a partition had taken place during the lifetime of the deceased coparcener is correct ?

(2) On the facts found in this case to what share is the plaintiff entitled in the suit property ?

2. The plaintiff filed a suit for partition and separate possession of her share in movable and immovable property referred to in the plaint. Plaintiff Sushilabai is the daughter of one Narayanrao. Narayanrao had a wife by name Laxmibai, Narayanrao adopted a son by name Shridhar. Shridhar died on December 29, 1956, leaving him surviving his adoptive father Narayan, adoptive mother Laxmibai and his widow Shantabai, Laxmibai died on April 13, 1957. The su

















































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