Fixed female heir share under Hindu succession law does not by itself sever joint family ownership for net wealth purposes.

On the death of a coparcener, the proviso to section 6 of the Hindu Succession Act fixes the widow's or other female heir's share, but the legal fiction is confined to that purpose and does not dissolve the joint family status by itself. A female heir acquires a definite and indefeasible share, yet remains a member of the Hindu undivided family unless she takes steps to separate herself and demand partition. Where the widow did not elect to go out of the family, the family property continued to be held jointly, and the deceased coparcener's share was not excluded from the net wealth of the Hindu undivided family.

---

---

Issues: Whether, on the death of a coparcener, the share devolving on the widow and other heirs under section 6 of the Hindu Succession Act was to be excluded from the net wealth of the Hindu undivided family.

Analysis: The proviso to section 6 read with Explanation 1 fixes the share of the female heir on the death of the coparcener, but the legal fiction is not to be carried beyond its purpose. The governing principle is that the heir acquires a definite and indefeasible share, yet continues to remain a member of the family unless she takes some step to separate herself and demand partition. In the absence of any action by the widow to go out of the family, the family property continues to be held jointly, though her individual interest stands fixed.

Conclusion: The deceased coparcener's share was not liable to be excluded from the net wealth of the Hindu undivided family, and the Revenue's appeals succeeded.

---