devolution
of tenancy rights in respect of such holdings."
Section 6 of the Act deals with devolution of interest in coparcenary
property ... following terms:
"6. Devolution of interest in coparcenary property. -When a male Hindu dies
after the commencement of this Act, having at the time
Hardip Kaur vs Kailash & Anr. on 18 May, 2012
Author: J.R. Midha
Bench
Amendment Act,
2005 . This provision reads as under:
“6. Devolution of interest in coparcenary property.—When a
male Hindu dies after the commencement of this ... only for the purposes of
this section, namely, devolution of interest of the
deceased in coparcenary property and would not bring
about total disruption
that tenant is not recognised for the purpose of the devolution of the interest of a deceased bhumidhar and the general order of succession ... Hindu joint family could also be considered property, and
(b) the devolution of interest of a tenant upon his death was to take place according
time of the death an interest in the Mitakshara
coparcenary property, acquired interest by devolution
under the Act. The property to which the plaintiffs ... time of the death an interest in the Mitakshara
coparcenary property, acquired an interest by devolution
under the Act. It is not in dispute that
mind these principles, the substituted
" " Section 6 . Devolution of interest in
it ooparcenarg property.» {1} On and from the
tzomrnencement of the Hindu ... accordance with this Act. Therefore, by
this substituted provision, the devolution of interest by
67
survivorship is completely abolished after
operation of 2005 Act. Section
Revenue Code (hereinafter referred to
as the ‘Code’), which dealt with devolution of interest of a bhumiswamy and
transfer of rights respectively were amended ... governed by the Madhya Bharat Land Revenue and Tenancy Act. The
devolution of interest of a Bhumidar and transfer of rights by Bhumidar was
governed
only provision of the Act which deals with the devolution of interest in a Mitakshara coparcenary property on the death of a male Hindu after ... interest in a Mitakshara coparcenary property and regulates only the devolution of such interest in that property. We do not think that any support
Amendment) Act,
2005 , and the same run thus:
"S. 6 - Devolution of interest in coparcenary property When a
male Hindu dies after the commencement ... only for the purposes of this section
namely, devolution of interest of the deceased in coparcenary property and would not
bring about total disruption
other words, there had not been any assignment, creation or devolution of any interest in favour of Currimbhoys upto the date of their addition ... went into liquidation there had been no assignment, creation or devolution of any interest in favour of Currimbhoys. Further, in the events which had happened
