R.S.A.No.2900 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2900 of 2008 Date of Decision : 01.09.2009 Pyre Lal ...Appellant Versus Pritam and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Arun Yadav, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby his suit for permanent injunction, was dismissed. One Budha, was the last male holder. He died on 10.8.1977, leaving behind his wife, three sons i.e. Pyre Lal, the plaintiff, Sunda Ram and Maman Singh. He also left behind four daughters. The appellant claims to have got the share of his mother and four daughters by relinquishment deed and share of another brother Sunda Ram in execution of the preemption decree. It is, thus, claimed by the appellant that he is the owner of 7/8th share, as the estate of Budha stands inherited by his eight legal heirs. The defendants, legal heirs of Maman Singh, have remaining 1/8th share. On the other hand, the stand of the defendants was that the property in the hands of Budha was ancestral property and by applying the principle of notional partition just before his death, his estate will be R.S.A.No.2900 of 2008 2 inherited firstly by him, his wife and his three sons. After the death of Budha, his share shall be inherited by all the legal heirs equally i.e. each of the legal heir will have got 1/40th share. The learned first Appellate Court has relied upon the judgment of Hon'ble Supreme Court reported as Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum and others, AIR 1978 Supreme Court 1239 in respect of determination of shares of a coparcener, after the death of a coparcener, by applying the principle of notional partition. The judgment and decree passed by the learned first Appellate Court is in accordance with the principles laid down in the aforesaid judgment. It is admitted by the appellant that the property in the hands of Budha was in fact a joint Hindu Family ancestral property. If that is the situation, the principle of notional partition, just before the death of Budha has to be applied and the shares of coparceners determined. After determination of such shares, the legal heirs will succeed to the share of Budha equally in terms of the provisions of Section 8 of the Hindu Succession Act. In view of the aforesaid discussion, I do not find that any substantial question of law arises for consideration of this Court. Dismissed. 01.09.2009 (HEMANT GUPTA) Vimal JUDGE