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Issues: Whether, on the death of a Mitakshara coparcener after the commencement of the Hindu Succession Act, the deceased's interest in joint family property is to be ascertained by a notional partition immediately before death so as to include the wife's share, and then devolve by succession among the Class I heirs.
Analysis: Section 6 preserves survivorship as the general rule, but its proviso substitutes succession where the deceased leaves behind female heirs specified in Class I. Explanation 1 requires the coparcener's interest to be treated as the share that would have been allotted on a partition immediately before death. That legal fiction necessarily assumes disruption of the coparcenary for the limited purpose of fixing the deceased's share and also recognizes the wife's entitlement to a share in that notional partition. The deceased's carved-out share then devolves under Sections 8 and 10 of the Act among the Class I heirs. The earlier law under the Hindu Women's Right to Property Act was distinguished, and the trial court's computation was held to be correct.
Conclusion: The wife was entitled to a share in the notional partition, the deceased's interest had to devolve by succession, and the shares fixed by the trial court were upheld.
Ratio Decidendi: Under Section 6 of the Hindu Succession Act, Explanation 1 mandates a notional partition immediately before the coparcener's death, and the deceased's interest as so ascertained devolves by succession under Sections 8 and 10 where Class I heirs exist.
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