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CS(OS)224/2017 Page 2 Late Shri Prakash Agarwal died on 2.12.2011 leaving behind a Will dated 9.12.2008 whereby he bequeathed his 1/12th share in the suit property to his son Dhiraj Agarwal. Consequentially, Shri Prakash Aggarwal‟s 1/12th share now belongs to plaintiff No.4. Hence, late Shri Bishanswarup Agarwal‟s 1/4th share now belongs to the plaintiffs No.2, 3 and 4 each getting 1/12th each.

6. Late Shri Suraj Narayan Agarwal died intestate on 25.01.2001 leaving behind defendants No.1 to 5 and late Shri Raj Kumar each entitled to 1/6 th share of late Shri Suraj Narayan‟s 1/4th share in the suit property. On the death of late Shri Raj Kumar his share devolved in equal part to his children defendants No.6 to 8 who were entitled to 1/72nd share in the suit property. Hence, it is pleaded that defendants No.1 to 5 are entitled to 1/24th share and defendants No.6 to 8 are entitled to 1/72nd share in the suit property.

"Section 6 prior to its amendment in 2005 reads as follows:
"6. Devolution of interest in coparcenary property.-- 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:
CS(OS)224/2017 Page 13 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.
"....
(iii) A second exception engrafted on proposition (i) is contained in the proviso to Section 6, which states that if such a male Hindu had died leaving behind a female relative specified in Class I of the Schedule or a male relative specified in that class who claims CS(OS)224/2017 Page 14 through such female relative surviving him, then the interest of the deceased in the coparcenary property would devolve by testamentary or intestate succession, and not by survivorship.
(iv) In order to determine the share of the Hindu male coparcener who is governed by Section 6 proviso, a partition is effected by operation of law immediately before his death. In this partition, all the coparceners and the male Hindu's widow get a share in the joint family property.
(v) On the application of Section 8 of the Act, either by reason of the death of a male Hindu leaving self-acquired property or by the application of Section 6 proviso, such property would devolve only by intestacy and not survivorship.