LAW FOR ALL

“allocation of shares as regards to the properties found to be joint family properties”.= On the date of death of Fuchan Mahto, his son Mithu Sao did not have any male issue. However, the joint family in question can be understood to have continued with Mithu Sao as the 'Karta' and the property continued to belong to the joint family. ; Thus after 1961 Puniya Devi being the widow of Fuchan Mahto had 1/8th plus 1/72th share in the joint family property, namely, 10/72th share. Puniya Devi died in the year 1967 leaving behind her daughter Ugni Devi and the children of her predeceased son Mithu Sao. Ugni Devi will be entitled to receive one-half share of Puniya Devi i.e. half of 10/72th share i.e. 10/144th share. The remaining 10/144th share that would go to the branch of Mithu Sao will have to be divided amongst 8 heirs of Mithu Sao, namely, the widow and the seven children.- In view of the above, it will be necessary to modify the decree passed by the learned trial Court as affirmed by the High Court by holding that the appellants – defendants are entitled to 38.1% share in the joint family property instead of 37.5% as ordered by the courts below.