successor of the allottee and the party on whom the shares have devolved and in that situation, the requirement of holding the shares for minimum ... eighteen months immediately before the commencement of the winding up, or have devolved on him through the death of a former holder.
(5) Except
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
were left as self-acquired properties by their deceased husbands, those properties devolved on their sons & the widows had only the right ... Section 3, Sub-section (3). It laid down that any interest devolving on a Hindu widow under the provisions of this section should
interest of the deceased Mithamal in the joint Hindu family property partly devolved on them by succession, The plaintiff could not represent his sisters ... interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary
time of his death and in view of this interest which had devolved upon Yelawwa. it was not open to Shivappa to make a valid ... question as to the nature of the rights which devolve upon Yelawwa under Sub-section (2) of Section
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
Bombay Rent Act"), the tenancies of a tenant devolved according to the provisions thereunder which were different from the one under the ordinary ... tenancies governed thereunder. The tenancies in respect of the business premises devolved as per Section 5(11)(c)(ii) and not as per the ordinary
death of Shridhar his 1/3rd share in the joint family property devolved upon Laxmibai his mother and Shantabai his widow equally. He submitted that ... interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary
invalid if it divested the estate of one on whom the inheritance devolved from a person other than her husband, and that the adoption ... widow would be invalid as it would divest the estate which had devolved on Nana's widow. In the full bench decision
share acquired by him on partition with his son did not devolve on any of his heirs under the Act of 1937, but devolved ... sons would not become coparceners with their father and the inheritance would devolve on them only at their father's death
