https://www.taxtmi.com/caselaws?id=285119 Under the unamended Section 6 of the Hindu Succession Act, 1956, a notional partition is assumed immediately before a male Hindu's death where the proviso applies, and the deceased's share then devolves by intestate succession under Section 8. Read with Section 19, the heirs take that share as tenants in common, and Section 4 overrides inconsistent pre-existing Hindu law. The Supreme Court noted that once a coparcener's interest devolves in this manner, the property in the heirs' hands loses its joint family character. The grandson therefore had no subsisting birth right to demand partition of property that was no longer coparcenary property when the suit was filed. en-us Wed, 02 Mar 2016 00:00:00 +0530 Fri, 27 Dec 2019 06:51:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285119 Under the unamended Section 6 of the Hindu Succession Act, 1956, a notional partition is assumed immediately before a male Hindu's death where the proviso applies, and the deceased's share then devolves by intestate succession under Section 8. Read with Section 19, the heirs take that share as tenants in common, and Section 4 overrides inconsistent pre-existing Hindu law. The Supreme Court noted that once a coparcener's interest devolves in this manner, the property in the heirs' hands loses its joint family character. The grandson therefore had no subsisting birth right to demand partition of property that was no longer coparcenary property when the suit was filed. Case-Laws Indian Laws Wed, 02 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285119