V SANTHANAM Vs. MONIKA

JUDGEMENT

(1.) The first defendant in O.S.No.5468 of 2001 on the file of the Additional District Judge [Fast Track Court III], Chennai is the appellant. The said suit was filed by the two minor children of the first defendant claiming 1/3 share in the 'A' Schedule immovable property and for partition of their 1/5 share in the 'B' Schedule business and for accounting.

(2.) According to the plaintiffs the suit property along with other properties originally belonged to one Subramania Chettiar who had three sons viz., Vairalingam, Mohanan and Ramalingam. In a partition that was effected between the three sons of Subramania Chettiar on 28.07.1973, the suit 'A' Schedule property was allotted to Vairalingam. The said Vairalingam died in the year 1985 leaving behind his widow, the second defendant, one son the first defendant and three daughters defendants 3 to 5.

(3.) After the death of Vairalingam, the widow and three daughters of Vairalingam had released their rights for consideration in the suit 'A' Schedule property in favour of the first defendant. Thus according to the plaintiffs, the first defendant had become the absolute owner of the property. The property being ancestral property on introduction of the Hindu Succession Amendment Act 1 of 1990 the daughters of the first defendant viz., the plaintiffs had become coparceners. Hence, they are entitled to equal share along with their father, the first defendant.