JANAKI AMMAL Vs. NARAYANASAMI AIYER

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Madras of the 23rd August, 1912, modifying the decree of the Subordinate Judge of "Mayavaram, dated the a8th October, 1907.

(2.) The suit was brought with reference to the estate of one Ramasami Iyer, of Konerirajapuram, who died intestate on the 24th June, 1906. It is not disputed that the widow holds the property under the Hindu law as " a widow s estate." The mother of the late owner is the person entitled to succeed should she survive this widow. On the expiry of these lives the estate will descend to the next reversionary heir of the deceased.

(3.) The rule of the Hindu law with regard to the nature of the widow s estate may have been subject to various forms of expression, but in substance it is not doubtful. Her right is of the nature of a right of property; her position is that of owner; her powers in that character are, however, limited; but, to use the familiar language of Mayne s Hindu Law, paragraph 625, p. 870, " so long as she is alive no one has any vested interest in the succession." These propositions were not disputed.