Hindu Succession Act, 1956 – Sections 6 – Devolution of interest in coparcenary property – In order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property and Explanation 1 to Section 6 provides a fictional expedient, namely, that his share is deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death – Once that assumption has been made for the purpose of ascertaining the share of the deceased, one cannot go back on the assumption and ascertain the shares of the heirs without reference to it, and all the consequences which flow from a real partition have to be logically worked out, which means that the shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased.
SUPREME COURT OF INDIA DIVISION BENCH DERHA — Appellant Vs. VISHAL AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Civil Appeal No. 4494 of…