JAI PARKASH Vs. RAM KALI ETC

JUDGEMENT

(1.) This Regular Second Appeal came up for hearing before a learned Single Judge, who referred it for a more authoritative decision by a larger Bench and that is how this matter is before us. It is the interpretation of Section 6 of the Hindu Succession Act, 1956 (hereinafter referred to as the Act), which requires consideration in this case.

(2.) Before the learned Single Judge two decisions by the Bombay High Court in Shiramabi v. Kalgonda Phimgonda, 1964 AIR(Bom) 263and Rangubai v. Laxman Lalji Patil, 1966 AIR(Bom) 169were cited, both being Bench cases and Patel, J. being common in both the Benches. These two cases, according to the learned Single Judge, appear to be taking different views and hence it was considered proper to have a decision by a Bench.

(3.) The facts are not in dispute. Ram Gopal died on 31st January, 1962. Before his death, he formed a joint Hindu family with his son, Jai Parkash. On his death, Ram Gopal left him surviving, in addition to the aforesaid son, a widow Shrimati Ram Kali and two married daughters, Sona Devi and Satya Wati. The dispute was as to what would be the share of the son, widow and the daughters in the coparcenary property.