SANTHAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) A joint family, governed by the Madras Marumakkattayam Act, 1932, comprised a mother and her three daughters. They had an extent of immovable property allotted to them in a family partition held in 1946. Later, the mother died. After some time, the three daughters along with their children-a granddaughter included-sold a part of the property through Ext.P2 sale deed to a third party.

(2.) As time went by, the three sisters died: two survived by their children and one without children. Later, all the children of the two sisters-the joint owners-partitioned the property further. To appreciate their claim to partition, we may see their family-tree:

(3.) As to the Kalyani Amma's children, Balachandran, the eldest son, sold away his share to two of his siblings: Venugopal and Sarada. The rest retained their respective shares. Kalyani Amma's last daughter, Santhakumari (the petitioner), has a daughter, Geetha. When all the co-owners, that is, the children of Kalyani Amma and Narayani Amma, wanted to have their property partitioned further, even Geetha (Kalyani Amma's granddaughter/Santhakumari's daughter) joined the co-owners. They executed Ext.P3 partition deed.