section relates to devolution of interest in coparcenary
property. The interest devolves upon succession. Such devolution may be
upon intestate or testamentary succession. The entitlement ... therefore, be on and from 9
September 2005.
11. No interest can devolve in a coparcenary property except on the
death of the coparcener
right is obstructed by the existence
of the owner. The property devolving upon parents, brothers, nephews,
uncles etc. upon the death of the last owner ... which is contingent upon surviving the owner.
-page 369
(xxxvi) Unobstructed heritage devolves by survivorship; obstructed
heritage devolves by succession. -page 369
(xxxvii) Property jointly
ancestral or joint family property which is
shown to have devolved upon them as co-owners. The plaintiff would
contend that ... would be entitled to a separate
and distinct 1/5th share as devolving upon the intestacy of the
plaintiff's father who left behind
from that date his coparcernary interest in
the ancestral property would devolve by survivorship. So far as his
intestate succession is concerned, Sadashiv as also ... daughters Muktabai and/or
Narmadabai were not coparceners. His coparcenery property would
devolve by survivorship to his only son Sadashiv. The devolution of
interest
would have to be seen in
the suit whether a garage would devolve upon any member of the
family of the deceased upon the death ... back to the
owner upon the death of the tenant or may devolve upon the heirs
in equal shares. Upon such consideration
left no lineal descendants, his
mother or father his or her property devolves on his/her
::: Downloaded on - 09/06/2013
Rajesaheb of Jamkhandi as the generations upon whom coparcenery interest would devolve from and survive. The original Plaintiff falls within the said 4 generations ... properties and do not belong to any HUF. Therefore those properties could devolve only by succession. The Ruler in fact executed the Will on 15th
part of the Trust created by Bachoobai of the
properties which devolved upon her from her father and
transferred to her as aforesaid.
30. Hence ... respects
factually that the status of the lands in the Agreement
devolved upon the Respondent.
34. The Petitioner, therefore, had knowledge and must be
taken
deceased at the time of death of the deceased, the tenancy has devolved upon her as much upon Mehroo, as has been held in various ... provision to the contrary negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant who succeeds to the tenancy
Union Of India (Uoi), Through Dy. Salt ... vs Mohammed Masud Mohammed Maoshin ... on 10 August
