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1987 Supreme(AP) 385

K.RAMASWAMY
Narsimhulu – Appellant
Versus
Manemma – Respondent


K. RAMA SWAMY, J.

( 1 ) JUDGEMENT :- An interesting question of law, whether the widow of a coparcener who is found unchaste on the date of his demise is disqualified to inherit his estate as a Class I heir under the Hindu Succession Act, 1956 (Act No. XXX of 1956), arises in this case.

( 2 ) THE appellants are defendants 1 to 6. The respondent is the widow of the elder brother of the 1st appellant. Her husband died in the year 1962. Her marriage was celebrated 24 years prior to the institution of the suit. It is her case that after her husband s demise, she continued to live as a member of the joint family with the 1st Appellant; but he started secreting the income of the joint family and purchasing the properties benami necessitating her to lay the suit for a partition. Initially, she impleaded the 1st appellant as the sole defendant. Subsequently, at the behest of the 1st appellant, his sisters defendants 2 to 4, and his deceased sister s husband and son, defendants 5 and 6, respectively were impleaded. She claimed initially half share and subsequently 1/4th share. The trial Court granted a preliminary decree in respect of items 1 to 14 of the plaint A Schedule properties and dis












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