ISSUE:
In terms of Sections 6 and 8 of the Succession Act, what portion would a Hindu widow receive?
RULE:
According to Section 6 of the Hindu Succession Act, 1956, the husband's interest in the coparcenary property would pass through survivorship to the surviving coparcenary members rather than in accordance with the Act's provisions.
The proviso to section 6 takes effect if the husband passes away leaving a widow and a daughter, and the standard rule is reversed. The proviso provided that the husband's interest in the coparcenary property would pass under the Act through intestate succession rather than survivorship.