Hindu Succession Act, 1956–Sec. 6–Partition of a mitakshra coparcenary property–While ascertaining the shares of the heirs in the property of a deceased-coparcener, the first step is to ascertain the share of deceased himself in the coparcenary property–Explanation 1 to Sec. 6 provides a fictional expedient, namely that his share is deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death–P was having 1/3 share in the coparcenary property and his share was allotted to his only son V–Therefore, V was entitled to the half share by birth in the 1/3 share of P–P died intestate–His half share would devolve to his first class heirs i.e. to K, V & KB–High Court rightly divided the shares of parties 4/6, 1/6 & 1/6 respectively.
