SECTION 6 HSA

The submission that Section 6 of the Hindu Succession Act, 1956 is not applicable for the devolution of property of the deceased father of Defendant No. 1. Section 6 deals with the question of coparcener in a Mitakshara coparcener dying after coming into operation of the Hindu Succession Act, without making any testamentary disposition of his undivided share in the joint family property. The initial part of Section 6 stresses that the Act does not interfere with the special rights of those who are members of Mitakshara property except to the extent that it seeks to ensure the female heirs as specified in Class I of the Schedule, a share in the interest of a coparcener in the event of his death, by introducing the concept of a notional partition immediately before his death. Proviso to Section 6 operates where the deceased has left surviving him, a daughter, or any female as specified in Class I of the Schedule. In the case at hand, deceased left the female heirs namely his wife and daughter Plaintiff and, therefore, the devolution of the property of deceased father was governed by the provisions of Hindu Succession Act and the High Court rightly increased the share of deceased father’s daughter Plaintiff. [12]

Ramesh Verma (D) tr. L.Rs. vs. Lajesh Saxena (D) by L.Rs. and Ors. (24.11.2025 - SC) : MANU/SC/1549/2016