SARAVANAN Vs. SEMMAYEE

JUDGEMENT

(1.) The lis on hand raises an important question, whether the tribal women in the State of Tamil Nadu can be excluded from their share in the family property under the Hindu Succession Act, 1956.

(2.) The facts as detailed in the impugned judgment, broadly are not disputed between the parties and more so, the Trial Court decreed the suit in favour of the plaintiff, who claimed equal share in the family property by instituting a suit for partition. The Trial Court invoked the provisions of the Hindu Succession Act, 1956 and held that the Tribal Women are also entitled for equal share in their family property on par with the other male coparceners and the defendants in the suit has chosen to file the present appeal suit.

(3.) The suit was instituted by the respondent herein: wife and daughter of Mr.Ramasamy, seeking a partition of the suit mentioned property, which belonged to Mr.Ramar @ Ramasamy. The plaintiffs claimed that they are entitled for 2/5 equal and separate shares in the suit mentioned property. The defendants filed a written statement denying the plaint averments. The defendants denied the right to property to the plaintiffs on the ground that some of the properties were sold in favour of the husband of the second plaintiff and regarding the other properties, there was an oral partition between the parties and therefore, the plaintiffs have no right to claim any share in the suit mentioned property.