Widow's partition demand fixes her coparcenary share and excludes survivorship, with the interest devolving on the husband's heirs.

A widow's interest under Section 3 of the Hindu Women's Rights to Property Act, 1937 is a statutory substitution for the deceased coparcener's share, together with the right to demand partition. Once partition is unequivocally demanded, the widow's undivided interest becomes defined and the coparceners' right of survivorship is displaced. The Act does not preserve any rule under which that defined share reverts to the coparcenary on the widow's death before metes and bounds partition. The interest continues as the husband's estate and, on her death, devolves upon the husband's heirs.

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Issues: Whether, under Section 3 of the Hindu Women's Rights to Property Act, 1937, a widow who has demanded partition acquires a defined interest in her deceased 's coparcenary share which, on her death before metes and bounds partition, devolves upon her husband's heirs rather than reverting to the coparcenary.

Analysis: The widow's interest under the Act is a statutory substitution for the interest of the deceased coparcener, coupled with the same right to claim partition as a male owner. On an unequivocal demand for partition, the undivided interest becomes defined and the surviving coparceners' right of survivorship is displaced. The Act does not preserve any rule under which such defined interest, once carved out by a claim for partition, reverts to the coparcenary on the widow's death. The interest continues as the husband's estate and, on the widow's death, devolves upon the heirs of the husband.

Conclusion: The widow's demand for partition fixed the share and extinguished survivorship in favour of the coparceners. On her death, the interest devolved on her husband's heirs, so the decree in favour of the heirs was correct.

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