with the
view they have expressed. They seem to think that
devolution of interest is necessarily a test of one
being a legal representatives ... that person to be his legal representative, there must
be a devolution of interest in his favour from the
deceased. If devolution is the criterion
cremation of
Amirthammal. Whereas, the present suit is based on devolution of interest,
and the plaintiffs in the present suit claim right on the basis ... based on the rights of the
parties on the basis of devolution of interest of succession rights. Whereas,
the previous suit is filed
under :
(1) In other cases of an assignment, creation or
devolution of any interest during the pendency of a suit, may, by
leave ... that 'the
suit will not abate' in case of devolution of interest.
19. As per Order XXII Rule 10 CPC a transferee / assignee
Kannagi for impleading herself. When there is a devolution of interest
during pendency of the suit, the suit may be continued by leave ... whom right is vested by
such devolution or assignment. Needless to state here that when the
devolution of interest had taken place during pendency
devolution of interest, and said Ehsan Ali cancelled the deed and
retained his interest and that he, in fact, dealt with it subsequently by
further
Character of property and devolution of interest :
41.The learned counsel for the appellants had contended that the first
item of the suit schedule property
intermittent period.
73. It is by birth that interest in the property is acquired. Devolution on
the death of a coparcener before 1956 used ... treated as
coparceners. No one is made a coparcener by devolution of interest. It is by
virtue of birth or by way of adoption obviously
follows:-
“6.Devolution of interest in coparcenary property:-
(1) On and from the commencement of the Hindu Succession
(Amendment) Act, 2005 , in a Joint Hindu
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
Devolution of interest in coparcenary property.-(1) On
and from the commencement of the Hindu Succession
(Amendment) Act, 2005 , in a Joint Hindu family governed
