that the share of the father who died in
2001 would also devolve upon his two daughters who would be entitled to
RFA 301/2017 ... partition.
14. It is, therefore, clear that though the right to
succession devolves upon the female heir under Section
8 , being Class -I heir
Suraj Kumari
passed away, her rights and interest in the property have devolved upon her
grandson - Mr. Kushagr Ansal. The Trial Court, thus, holds that
Sriram
Sharma would lose the character of ancestral property and would devolve
upon his wife, six daughters and the son i.e., 1/8th each
same trust which established AMITY
SCHOOL, Bharuch. Thus, prior user rights cannot devolve upon the present
trust.
12. On the other hand, Mr. Mohan Vidhani
Kamalini
Biswas. She had expired on 20th February, 1990 and her property devolved
upon her four legal heirs impleaded as Defendant
Devi died intestate on
10.04.1985 and after her death her 60%
portion devolved upon her two daughters,
namely, Smt. Kamlesh Malhotra and Smt.
Sumitra Sehgal
Plaintiff and the Defendant No.1 and thereafter
the properties were to devolve upon the two grandsons. On the basis of the
said Will
sued in a representative character the person on
whom the estate devolves on the deal of the party so
suing or sued ... sued in a representative character the
person on whom the estate devolves on the death
of the party so suing or sued
them, as it was part of the ancestral
property which had devolved upon them. Thus, in their submission, the suit
could not have been rejected
property No.A-173,
Gujranwala Town, Delhi, shall go, belong and devolve
to my Younger son SHRI PARMOD KUMAR ARORA
and he shall have ... ground floor
And the entire first floor shall go, belong and
devolve to my elder son namely ASHOK KUMAR
ARORA in respect of the said