PADMAVATMT AMMA Vs. AMMUNNI PANICKER

JUDGEMENT

(1.) This appeal by special leave requires determination of the question as to whether the gift of the suit property by Padmanabha in favour of his sister was to the Tavazhi of the sister or was for the benefit of the sister alone. The parties being governed by Marumakkathayam Law, to answer the question, we shall have to refer to that law and ascertain the intention of the donor as reflected in the gift (which was brought on record in the trial Court as Ex. A-1); and then decide whether the gift to Kochukunhi has to enure to her benefit alone or to her Tavazhi.

(2.) Respondent No. 1 filed the suit at hand claiming one-third share in the gifted property as a son of Kochukunhi, who had another son and a daughter. The trial Court dismissed the suit. On appeal, the High Court held that the plaintiff was entitled to one-sixth share and remanded the case to the trial Court for fresh disposal after answering all the other issues in the suit. Feeling aggrieved, the daughter of Kochukunhi has filed this appeal.

(3.) Let the broad terms of the gift deed be first noted. The perusal of the same shows that the properties were gifted out of love and affection to the sister and her descendants in the female line. The deed further says that the property shall devolve in no other way. Then it recites that if there be need to encumber the property, the document shall be signed by the major female members. It, however, further says that after the life-time of the donor and donee, all the major male members should join the document to encumber the property otherwise it would not be valid.