Mitakshara coparcenary succession follows Section 6 over general intestate rules when a Hindu male dies after commencement of the Act.

Where a Hindu male dies after the commencement of the Hindu Succession Act, 1956 with an interest in Mitakshara coparcenary property, succession to that interest is governed by Section 6 rather than the general rule in Section 8. Section 4 overrides inconsistent pre-existing Hindu law, and Section 6 applies its special scheme to coparcenary property, subject to the statutory proviso concerning female Class I heirs. The property retained its joint family character on the facts noted, so the succession had to be worked out under Section 6 and not by resort to pre-Act Hindu law. Section 8 therefore had no application to that extent.

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Issues: Whether the succession to the interest of a Hindu male coparcener who died after the commencement of the Hindu Succession Act, 1956 was governed by Section 6 of the Act or by Section 8, and whether the property retained the character of coparcenary property so as to exclude the application of Section 8.

Analysis: The Act was enacted to codify intestate succession among Hindus and, by Section 4, overrides inconsistent pre-existing Hindu law. Section 6 specifically deals with devolution of interest in Mitakshara coparcenary property where a male Hindu dies after the commencement of the Act, and provides for survivorship subject to the statutory proviso where female heirs in Class I are left surviving. Section 8 is the general rule of succession, but it yields to the special scheme of Section 6 in cases falling within coparcenary property. The property in question had the character of joint family property, and the death of the coparcener having occurred after the Act came into force, succession was required to be worked out under Section 6 rather than by resort to pre-Act Hindu law. However, only to the extent supported by the facts and the birth of the male issue before the Act, the earlier right of coparcenary continued.

Conclusion: Section 6 applied and Section 8 had no application to the extent the property formed part of Mitakshara coparcenary property on the death of the coparcener; the decree was liable to be modified accordingly in favour of the appellants only in part.

Ratio Decidendi: Where a Hindu male dies after the commencement of the Hindu Succession Act, 1956 leaving interest in Mitakshara coparcenary property, the succession to that interest is governed by Section 6 and not by the general rule in Section 8, subject to the statutory proviso.

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