SELVI DURAISWAMY Vs. R SANTHANAM

JUDGEMENT

(1.) The suit is for partition filed by the daughters of the 2nd defendant, claiming 1/5th share each.

(2.) According to the plaintiffs, the suit property originally belonged to one Periya Munian, he having purchased the same under the Sale Deed dated 12.08.1933. The said Periya Munian died leaving behind two sons viz., Periya Narayanan and Chinna Narayanan. He had executed a Will on 15.06.1941, in and by which he had bequeathed the properties to his elder son Periya Narayanan, with a direction that he should settle one of the house properties viz., the suit property on the younger son Chinna Narayanan.

(3.) It is not in dispute that as per the direction contained in the said Will, the elder son viz., Periya Narayanan, executed a settlement deed dated 07.04.1959, in favour of his younger brother, settling the suit property on him. The settlement deed itself recites that it is executed pursuant to the direction by the father Periya Munian in his Will dated 15.06.1941. Therefore, according to the plaintiffs, the property assumes the character of ancestral property in the hands of Chinna Narayanan.