What did the Supreme Court decide in Gurupad v. Hirabai?

The Court said you must imagine a full partition just before death (a deemed partition) and then compute the widow’s share on that basis.

Why is deemed partition important under Section 6 HSA?

It fixes each coparcener’s share first. The widow then succeeds to the deceased’s separated share, ensuring a correct and fair calculation.

Does survivorship always apply to a husband’s interest?

No. The proviso to Section 6 reverses survivorship when he dies leaving a widow and a daughter; then intestate succession under the Act applies.

Is the deemed partition limited to just the moment before death?

No. All logical consequences of a real partition must be worked out; you treat the split as if it truly happened.

Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum & Ors. (AIR 1978 SC 1239)

Quick Summary

This case explains how to calculate a Hindu widow’s share in joint family property. The Supreme Court said: pretend there was a full partition just before the husband died (a “deemed partition”). First, fix everyone’s shares as if that partition truly happened. Then, give the widow the deceased husband’s separated share under the Act. Do not cut down the effect of this deemed partition.

CASE_TITLE: Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum & Ors. (AIR 1978 SC 1239) PRIMARY_KEYWORDS: Section 6 Hindu Succession Act; Widow’s Share; Deemed Partition SECONDARY_KEYWORDS: Coparcenary; Survivorship; Proviso to Section 6; Intestate Succession PUBLISH_DATE: 2025-10-31 AUTHOR_NAME: Gulzar Hashmi LOCATION: India

Issues

Under Sections 6 and 8 HSA, what share does a Hindu widow receive in coparcenary property?

Rules

Section 6 (Main): A male coparcener’s interest normally passes by survivorship to other coparceners.
Section 6 (Proviso): If he dies leaving a widow and a daughter, survivorship is reversed; his interest passes by intestate succession under the Act.
Deemed Partition Principle: You must first assume a partition just before death, determine shares, and then apply succession to the deceased’s separated share.

Facts (Timeline)

Timeline for Gurupad v. Hirabai widow share case

Death: Khandappa Sangappa Magdum died on 27 June 1960, leaving widow Hirabai, sons Gurupad and Shivapad, and three daughters.

Pleadings: In 1952, Hirabai claimed joint ownership in two houses, land, two shops, and movables; she sought declaration of her share.

Claimed Shares: She argued that on a notional partition during Khandappa’s lifetime she would take one-fourth; after his death his one-fourth would devolve on six heirs, giving her a further fraction.

Finding: Trial court held properties were joint family assets and there was no prior actual partition.

Arguments

Appellant (Widow/Hirabai)

Compute shares by first assuming a full deemed partition just before death.
Then apply intestate succession to the deceased’s separated share under the proviso to Section 6.
Do not narrow the legal effect of this notional split.

Respondents

Survivorship should control; widow’s share should be limited.
Deemed partition should be read in a narrow way to reduce the widow’s quantum.

Judgment (Held)

Judgment illustration on deemed partition

The Court must work out a complete deemed partition at the moment just before death.
You cannot limit the notional split to a narrow time slice; apply all consequences of a real partition.
Treat the split as a firm fact; then allot the widow’s share accordingly under the Act.

Ratio Decidendi

Under Section 6 HSA, first determine shares by a complete notional partition before death; then the deceased’s separated share devolves by intestate succession (proviso). This ensures the widow gets the correct, full quantum fixed by law.

Why It Matters

It gives a clear formula for exams and practice: Partition first, Succession next. It protects widows from under-calculation of their lawful share.

Key Takeaways

Assume a full partition just before death.
Fix each coparcener’s share at that point.
Apply intestate succession to the deceased’s separated share.
Do not dilute the legal effect of the deemed partition.

Mnemonic + 3-Step Hook

Mnemonic: “Partition → Portion → Pass.”

Partition: Imagine a full split just before death.
Portion: Fix everyone’s portion, including the deceased.
Pass: Let the deceased’s share pass by intestate succession to heirs (incl. widow).

IRAC Outline

Issue

How to compute a Hindu widow’s share in coparcenary property under Sections 6 and 8 HSA?

Rule

Section 6 proviso triggers intestate succession; first do a full deemed partition, then devolve the deceased’s share.

Application

Treat the split as real for all effects; compute each share, then allocate the widow’s lawful portion.

Conclusion

Widow’s share rises from the full notional split plus succession—do not undercount.

Glossary

Coparcenary: A joint family unit where certain members have a birthright in ancestral property.
Survivorship: Passing of a coparcener’s interest to other coparceners by virtue of their status.
Intestate Succession: Inheritance under the statute when someone dies without a will.
Deemed Partition: A legal fiction that imagines a real partition just before death for share calculation.