Section 6 of the Act was amended as under:
6 (l). Devolution of interest in coparcenaries
property
(1) On and from the commencement
Hindu Succession (Amendment) Act,
2005 reads thus:
6. Devolution of interest in coparcenary property:-
(1) On and from the commencement of the Hindu
Succession (Amendment
Code of Civil Procedure , which deals with the creation, assignment or devolution of interest occasioned by the death of a party etc., during the pendency
latter the purchaser, notwithstanding he acquires merely the right, title and interest of the judgment-debtor, acquires that title by operation of law adversely ... treated as a representative, and secondly, if there has been a devolution of interest, whether so far as such interest is concerned, that person
share in the estate of their father. They ceased to have any interest and that the plaintiff and defendants 1 to 3 are alone entitled ... their share in the estate of their father.
"SECTION 6 Devolution of interest in coparcenary property:
When a male Hindu dies after the commencement
devolution of tenancy rights in respect of such holdings".
25. Section 6 of the Hindu Succession Act deals with devolution of interest in coparcenary
decided in the present Second Appeal:
1. Can a third party claiming interest in the suit property, claim adjudication of rights in a suit ... whom does the burden lie in relation to the devolution of interest by way of succession to the estate of the deceased Kalika Pershad
made to the appellate Court even though the devolution of interest occurred when the case was pending in the trial Court. In the instant cases ... suit by or against the person on whom the interest has devolved by assignment or devolution. The question about the existence and validity
before hearing of the matter
is taken up on account of devolution of interest, moreover, we notice
that one of the heirs and legal representatives
interested in the claims as they would not have say at all. However, a subsequent discovery or question of interest as regard the entitlement ... under Order 1, Rule 10 CPC may be maintainable. The devolution of such interest may not be confined to the situation contained in Section