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Showing contexts for: devolved in Ms. Vaishali Satish Ganorkar & Anr vs Mr. Satish Keshaorao Ganorkar & Ors on 30 January, 2012Matching Fragments
11. No interest can devolve in a coparcenary property except on the death of the coparcener. In this case there has been no devolution of interest by any succession, testamentary or intestate, because no coparcerner (assuming that respondent No.1 was a coparcener with another in his HUF) has been deceased. The share in the coparcenary, therefore, cannot "devolve" upon anyone. The succession, therefore, has not yet, opened. The suit is, therefore, premature. The appellants, as the daughters of the coparcener, are not statutorily given any right as coparceners ipso facto before devolution of any interest.
12. Meaning of the word "devolve" in Oxford English Dictionary is:
(i) transfer power to a lower level,
(ii) pass to a deputy or to a successor It originates from the Latin word devolver - meaning "roll down"
The Concise Oxford English Dictionary shows the meaning of the word "devolve" to be "thrown, fall, descend upon, fall by succession"::: Downloaded on - 09/06/2013 18:07:25 :::
6 APPL.734.2011-NM.3223.11-S.2679.11.sxw The meaning of the devolve in the Chambers Dictionary (20th Edition) is shown as "to roll down, to hand down, to deliver over, to fall or passover in succession".
13. Consequently, until a coparcener dies and his succession opens and a succession takes place, there is no devolution of interest and hence no daughter of such coparcener to whom an interest in the coparcenary property would devolve would be entitled to be a coparcener or to have the rights or the liabilities in the coparcenary property alongwith the son of such coparcener.
26. The rights of a coparcener vest in him/her upon an interest devolving upon such coparcener. This interest would devolve by succession, intestate or testamentary. Upon the death of a coparcener his interest in a coparcenery property would devolve upon other coparceners. This devolution under the unamended Section 6 of the HSA was by survivorship in case of only male heirs and by succession, if there were female heirs also. After the amended Section 6 this devolution of interest would be upon the son and the daughter alike.