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What is Devolution of interest of coparcenary property? What is Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom? Section 6 and 7 of Hindu Succession Act 1956

Devolution of interest of coparcenary property and Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom are defined under section 6 and 7 of Hindu Succession Act 1956. Provisions under these Sections are:

Section 6 of Hindu Succession Act "Devolution of interest of coparcenary property"

Section 6. When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act:

Provided that, if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

Explanation 1: For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

Explanation 2 : Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.

Section 7 of Hindu Succession Act "Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom"

Section 7. (1) When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law.

Explanation : For the purposes of this sub-section, the interest of a Hindu in the property of a tarwad, tavazhi , or illom, shall be deemed to be the share in the property of the tarward, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the tarwad, tavazhi or illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her and such share shall be deemed to have been allotted to him or her absolutely.

(2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the aliyasantana law.

Explanation : For the purposes of this sub-section, the interest of a Hindu in the property of a kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely.

(3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the commencement of this Act, sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living, and the shares falling to the members of his family and the heirs of the sthanamdar shall be held by them as their separate property.

Explanation : For the purposes of this sub-section, the family of a sthanamdar shall include every branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed.

Hindu Succession Act 1956

What is Application of Act? What are Definitions and interpretations? Section 2 and 3 of Hindu Succession Act 1956

What is Overriding effect of Act? What is the meaning Act not to apply to certain properties? Section 4 and 5 of Hindu Succession Act 1956

What is Devolution of interest of coparcenary property? What is Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom? Section 6 and 7 of Hindu Succession Act 1956

What is General rules of succession in the case of males? What is Order of succession among heirs in the Schedule? Section 8 and 9 of Hindu Succession Act 1956

What is Distribution of property among heirs in class I of the Schedule? What is Distribution of property among heirs in class II of the Schedule? Section 10 and 11 of Hindu Succession Act 1956

What is Order of succession among agnates and cognates? What is Computation of degrees? Section 12 and 13 of Hindu Succession Act 1956

What is the meaning Property of a female Hindu to be her absolute property? What are General rules of succession in the case of female Hindus? Section 14 and 15 of Hindu Succession Act 1956

What is Order of succession and manner of distribution among heirs of a female Hindu? What are Special provisions respecting persons governed by marumakkattayam and aliyasantana laws? Section 16 and 17 of Hindu Succession Act 1956

What is Full Blood preferred to half blood? What is Mode of succession of two or more heirs? What is Right of child in womb? Section 18, 19 and 20 of Hindu Succession Act 1956

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