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A Crtical Note on AIR 1982 Karnataka 126 And AIR 1983 Bombay 222

By T. A. Mutalik

Published In

Air 1986

In AIR 1982 Karnataka 126, the deceased Huchappa left two widows, four sons and a daughter as per para 2 of the report. Neelawa one of the co-widows filed a suit for partition against the other heirs of her husband. Following the Supreme Court ruling in Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, AIR 1978 SC1239, the share to which Huchappa was entitled was ascertained as l/7th in para 6 of the report., This is correct as each widow and each son is entitled to a share along with Huchappa.  But the share which the co-widow would get in Huchappa's l/7th share ought to be 1/84 and not 1/40 as mentiond in para 6. This is because by Section 10 Rule 1 of the Hindu Succession Act both widows together take one share along with tour sons and one daughter. So both widows together take l/6th of 1/7th i.e. 1/42 share of Huchappa's property, Hence plff. Neelawwa will get 1/84 in Huchappa's property. She has got l/7th share already as a widow. This 1/7 th is not taken joint ....

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