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28. Before proceeding further, it is useful to refer to the Sec.6 of the unamended Hindu Succession Act, 1956 "6. Devolution of interest in coparcenary property-

(1) When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act.

Provided that, if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship.

42. In 2006 A.I.R. SCW 5063 (cited supra), the Hon'ble Supreme Court held as under:

"11. Thus we hold that according to Section 6 of the Act when a coparcener dies leaving behind any female relative specified in Class I of the Schedule to the Act or male relative specified in that class claiming through such female relative, his undivided interest in the Mitakshara coparcenary property would not devolve upon the surviving coparcener, by survivorship but upon his heirs by intestate succession. Explanation 1 to Section 6 of the Act provides a mechanism under which undivided interest of a deceased coparcener can be ascertained and, i.e., that the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. It means for the purposes of finding out undivided interest of a deceased co-parcener, a notional partition has to be assumed immediately before his death and the same shall devolve upon his heirs by succession which would obviously include the surviving coparcener who, apart from the devolution of the undivided interest of the deceased upon him by succession, would also be entitled to claim his undivided interest in the coparcenary property which he could have got in notional partition.
12. In the case on hand, notional partition of the suit properties between Nagarmal and his adopted son Nemi Chand has to be assumed immediately before the death of Nagar Mal and that being so Nagar Mal's undivided interest in the suit property, which was half, devolved on his death upon his three children, i.e., the adopted son Nemi Chand and the two daughters who are plaintiffs in equal proportion. Nemi Chand, the adopted son, would get half of the entire property which right he acquired on the date of adoption and one third of the remaining half which devolved upon him by succession as stated above. This being the position, each of the two plaintiffs was not entitled to one-third share in the suit property, but one-sixth and the remaining properties would go to the adopted son, Nemi Chand.

58. In 2005(6) SCC 622 (cited supra), the Hon'ble Supreme Court observed as under:

"10. As per Section 6 of the Hindu Succession Act, if a male Hindu dies after commencement of this Act, an interest in a Mitakshara coparcenary property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with the Act. So far as the present case is concerned, the concurrent finding of the fact is that the deceased Ramasami Konar was governed by Mitakshara law and the property was the coparcenary property. But he died intestate. Therefore, as per Section 6, the property shall devolve by survivorship upon the surviving members of the coparcenary and not by Section 6 of the Act and at the same time there is proviso to the section which qualifies the main section that if the deceased left a surviving female relative specified in Class I of the Schedule or a male relative specified in that class who claims through such female, the interest of the deceased in Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be and not by survivorship."