Share of daughter - Her father died before coming into force of Hindu Succession Act, 1956 - Hence case would be governed by Old Shastrik Hindu Law - Share of her father would devolve by survivorship and not by succession - Consequently his share would pass to his brother, the surviving co-parcener - His daughter would not be entitled to any share.

Citation

AIR 2008 BOMBAY 183

BOMBAY HIGH COURT

(NAGPUR BENCH)

C. L. PANGARKAR , J.

S.A. No. 127 of 1996, D/- 17 - 4 - 2008

Devidas Udhao Gaurkar and Ors v. Smt. Vithabai and Anr

Hindu Law - Joint family property - Share of daughter - Her father died before coming into

force of Hindu Succession Act, 1956 - Hence case would be governed by Old Shastrik Hindu

Law - Share of her father would devolve by survivorship and not by succession - Consequently

his share would pass to his brother, the surviving co-parcener - His daughter would not be

entitled to any share.

 (Paras 10 , 11 , 12)