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6. Devolution of interest of coparcenary property 27th February 2017 Kishore M Bhojraj & Anr v Jaya H Karani & Ors 21-ORGS105-12-BHOJRAJ-V-KARNAI-

ORIGSUM.DOC When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparceners property, his interest in the property shall devolve by survivorship upon the surviving members of the coparceners and not in accordance with this Act:

PROVIDED THAT, if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparceners' property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.
Explanation 1.--For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.
(v) Nothing in clause (ii) shall apply to a partition which has been effected before the date of the commencement of the Hindu Succession (Maharashtra Amendment) Act, 1994.

29-B. Interest to devolve by survivorship on death.

When a female Hindu dies after the date of the commencement of the Hindu Succession (Maharashtra Amendment) Act, 1994, having, at the time of her death, an interest in a Mitakshara coparcenary property by virtue of the provisions of Section 29-A, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act:

Provided that, if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.
29-C. Preferential right to acquire property in certain cases.
(1) Where, after the date of commencement of the Hindu Succession (Maharashtra Amendment) Act, 1994, an 27th February 2017 Kishore M Bhojraj & Anr v Jaya H Karani & Ors 21-ORGS105-12-BHOJRAJ-V-KARNAI-