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2002 Supreme(Ker) 208

S.SANKARASUBBAN, R.BHASKARAN
Mary Roy – Appellant
Versus
Susie Issac – Respondent


Judgment :-

Sankaransubban, J.

This appeal is filed by the plaintiff in O.S. No. 323 of 1988 of the Sub court, Kottayam. Plaintiff is the daughter of one P.V. Issac. First defendant is her mother. Defendants 2 to 4 are her brothers and sister. The suit was filed for partition of plaint A schedule immovable properties and plaint B schedule movable properties.

2. According to the plaintiff, the properties scheduled in A and B of the plaint belonged to late P.V. Issac, Palathinkal House, T.B. Road, Kottayam. He died on 18.12.1960 at Bangalore. He died intestate. Issac and the plaintiff and the defendants are Indian Christians and they are governed by the Indian Succession Act. The above Act was extended to Travancore-cochin State by the Part B State (Laws) Act 1951 (Act 3 of 1951) from 1.4.1951 onwards. On the date of the death of Issac, his heirs were the plaintiff and the four defendants. Under Sec. 33 of the Indian Succession Act, the first defendants - wife would be entitled to 1/3 share over the suit property and the remaining 2/3 share will go to his children who are the plaintiff and defendants 2 to 4. Hence, the plaintiff is entitled to 1/6 share over the property scheduled to t











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