defendant No.1, who expired intestate in 1975, the suit
schedule properties devolved upon defendant No.1 by way of
intestate succession under Section ... interest in a Mitakshara
coparcenary property, his interest in the
property shall devolve by survivorship upon the
surviving members of the coparcenary
case of males.--The property of a male Hindu
dying intestate shall devolve according to the
provisions of this Chapter--
12
(a) firstly, upon ... female Hindus.--
(1) The property of a female Hindu dying
intestate shall devolve according to the rules
set out in section 16 ,--
(a) firstly, upon
Obalaiah's death, since he had
no issues, the suit property devolved onto his brother
Arasappa by survivorship.
26. Further, since it is also ... extinguished with the death of the person
concerned and does not devolve on the legal
representatives or successors, then
Moily who was the propositus and on his death,
7
the properties devolved on Balakka, his wife, and 6 sons
and 4 daughters ... disputed by the
contesting respondents. After his demise, the tenancy
devolved on his wife Balakka and 10 children.
Subsequently, Balakka, wife of Rama Moily filed
albeit in the same accident and upon his
demise, the subject properties devolved upon Smt.Reena
Putta and upon her demise subsequently, the subject
properties ... devolved upon her parents, the appellants
herein who became entitled to the subject properties
6
absolutely and to the exclusion of the respondents herein
property of a Joint Hindu family governed by the
Mitakshara law, shall devolve by testamentary or
intestate succession, as the case may be, under this ... commencement of Hindu Succession
(Karnataka Amendment) Act, 1990.
6B. Interest to devolve by survivorship on death.--When
a female Hindu dies after the commencement
dispute that Veerabhadrappa having
expired, the joint family properties devolved on
Fakirappa, Mallappa and Gundappa at 1/3rd each.
Mallappa having expired ... share devolved on
Neelavva and Neelavva sold her 1/3rd share in favour
of defendants No. 1, 3 and 4 in the year
judgments, the
outstanding feature of 1956 Act is that the property devolves
in equal share among son, daughter, widow and mother of the
deceased. Under ... death an interest
in Mitakshari Co-parcenery property, his interest will devolve
by survivorship upon the surviving members and not in
21
accordance with
testator Muniyamma and by virtue of the same, suit
properties devolved on the plaintiff after her death. Since
then, the plaintiff is in peaceful possession ... enjoyed during her life time and after her
death to be devolved on defendant Nos.7 and 8. Under such
circumstances, Muniyamma could
properties shall go to
defendant No.1. Accordingly, after his death,
they devolved on defendant No.1.
vi) The trial Court failed to appreciate ... schedule 'B' Item Nos.1 and 6) all other
properties devolved on Basalingayya from his adoptive
father Kuppaiah Goudar.
-24-
Reg: Nature
