SOUMINI Vs. SARADA

JUDGEMENT

(1.) What is "Sthreeswothu - It is the creation of right in property, to a group among Marumakkathayees, the line of succession being restricted to the female species alone. While in a tavazhi, the male offsprings of a female member also get a share, "Sthreeswothu" denies them a share The equivalent of this in South Kanara is 'Pennumoola'. The Courts below have concurrently held that succession to property cannot be restricted to female descendants alone because this is a concept unknown to Marumakkathayam law.

(2.) The second appeal arises from a suit for partition among all the members of the tavazhi. The properties belonged to one Pokken. He executed a will on 18th March 1915. He stipulated that the properties shall belong only to the female members of the family and their female descendants. Can this direction in the will be upheld.

(3.) It is not disputed that Ext. A1 stipulates devolution of property through female descendants alone. The question is whether the Court can recognise such a devolution. Reliance for this is placed on the observation by Sundara Aiyar in his Book 'Malabar and Aliyasanthana Law', at page 237 to the following effect: