ARUNACHALATHAMMAL Vs. RAMACHANDRAN PILLAI

JUDGEMENT

(1.) THIS second appeal concerns the succession to the estate of a Hindu unmarried female Chidambarathammal who died issueless sometime in February, 1957. The question that falls for consideration in the appeal relates to the true construction of Sections 6, 9 and 11 of the Hindu Succession Act of 1956, which we shall refer to hereafter as the Act.

(2.) THE facts giving rise to the appeal are these: One Shanmugha who together with his brother's son, the first respondent to this appeal, constituted a joint family, effected a partition with the latter. The partition arrangement is evidenced by a document dated 31st May 1940 under which Shanmugha became entitled to the properties set out in the schedules 1 to 3, to the plaint in the present litigation. Shanmugha died about two years afterwards leaving behind him his second wife and a minor daughter Chidambarathammal by her. At the time of his death he had in addition to the aforesaid properties, those set out in schedules 4 and 5 to the plaint, which he had inherited from his predeceased first wife. His second wife succeeded him but she survived him only for a period of about three years. On her death, the entire properties i. e. all those described in Schedules 1 to 5 were inherited by Chidambarathammal. By virtue of Section 14 of the Act, which came into force when she was alive, her title thereto became absolute. She died shortly thereafter.

(3.) THE first respondent claiming as her heir look possession of the entire properties. The appellant one among the several children of Shanmugha's sister, claimed on behalf of them all, a half share in the properties and instituted the suit for partition out of which this appeal arises. The suit was resisted by the first respondent, who claimed a preferential right to Chidambarathammal's properties. If that defence were to fail, he will have not merely to part with half a share in favour of the sister's children of Shanmugha, but share the other half along with his own brothers or sisters, if any.