SHANTHI Vs. MINOR GOBIKA

JUDGEMENT

(1.) The defendants in O.S.No.225 of 2009 having suffered a preliminary decree for partition and separate possession of 10/18th share of the plaintiffs in the suit properties have come up with this second appeal.

(2.) According to the plaintiffs, the suit properties originally belonged to Kakkayan @ Perumal Pillai, who died leaving behind three sons, K.P.Shanmugham, Palaniswamy and Arumugham. The parties to the present proceedings are only the legal heirs of K.P.Shanmugam, who died on 10.06.2005 leving behind his son Meenakshi Sudaram, daughter Shanthi and his wife Thilagavathi. Meenakshi Sundaram, son of K.P.Shanmugam died on 11.08.2006 leaving behind the plaintiffs 1 and 2, daughter and wife respectively. According to the plaintiffs, on the death of Meenakshi Sundaram on 11.08.2006 they would be together be entitled to 10/18th share in the suit properties. Since the defendants did not accede to the request of the plaintiffs for a partition, the above suit came to be filed.

(3.) The suit was resisted by the defendants contending that Meenakshi Sundaram had executed a Will bequeathing half share in the suit properties in favour of his mother Thilagavathi on 02.12.2005 and as such the plaintiffs are not entitled to claim any share in the suit properties. It is also further contended that on and from the date of commencement of the Hindu Succession Act 39 of 2005, the first defendant, being the daughter of K.P.Shanmugam would also become a Co-parcener and she would be entitled to equal share with Meenakshi Sundaram. On the above pleadings, the defendants sought for dismissal of the suit.