treated as tenants under the
new Act, the tenancy would devolve in favour of
all their successors. That could not have been
the intention ... premises. Under Section 5 of the Act the
20
right of tenancy devolves on the spouse, son or
daughter or both of them, parents
property. On the death of
the last surviving coparcenar, the whole property devolves on
his own heirs.
26. Coparcenary property is distinguished from
separate property ... separate property of the holder or his branch, in which case
it devolves according to the rules of succession applicable to
separate property.
31. Owing
iifetime and
thereafVt_9;f:v' to devolve on
the Kb1.,./.fi':\~.,....Nc:-'twithstandinq this
limitatiofi."_ dafHnd§nt No.1-Ravanna ... Deeos.--"7 and without such prior
.,the "'p::cspVerty devolving in favour
"person cannot be contemplated.
sinoe_ contemplates only a transfer
legal
heirs. After her death the suit property devolved among the
plaintiffs and defendant No.1 as descendants and plaintiffs ... following issues: -
Li Whether the plaintiffs prove that the suit
property has devolved upon themselves and
defendant No.1 after the death of SmL Fatima
said Act would not arise. The share
of her father devolved by survivorship on the
other co-parcenory after his death. The plaintiff
continued ... separate property which fell to his share by
virtue of the will devolves on his two sons. The
two sons are enjoying his property continuously
Goswamy. It is contended,
the claim of the petitioner that the property devolved on the basis of guru to
shishya is false and the judgment ... contend that properties acquired by Mahanth devolved on his religious
fraternity and not on his natural heirs and contended that properties belong
to the Mutt
situated at Terdal
village. After his death, the properties owned by him
devolved on his wife Smt.Kashibai and his son
Ganapathi, the plaintiff ... Late Gangaram. That property
which fell to the share of Gangaram devolves upon
his wife Kashibai. Smt.Kashibai thus would become
absolute owner
intestate on 01.03.2001.
After the death of Sridhar, the suit schedule property
devolved upon the plaintiff alone as class I legal heir of late
Sridhar ... month.
4. Subsequent to the death of Sridhar, the suit schedule
property devolved on the plaintiff being the class I legal heir of
Sridhar
that the deceased's
interest in Mitakshara coparcenary property
does not devolve by survivorship if the deceased
leaves surviving him female relatives specified ... interest in a Mitakshara
coparcenary property, his interest in the
property shall devolve by survivorship upon the
surviving members of the coparcenary
suit property stands in the
name of Gurubasavva, after her death, it devolves on
her adopted son. Therefore it held that the plaintiff has
established ... owner of the suit property, on her
21
: 22 :
death, it devolves on the plaintiff. Unless it is shown
that Gurubasavva is the owner
