The main legal point established in the judgment is the entitlement of a married daughter to a share in her deceased father's property, considering the provisions of the Christian Succession Act, the customary law prevalent in the community, and the impact of streedhanom and dowry on the daughter's rights.

1. The main point arising for decision in this second appeal is whether a married daughter of a Roman Catholic Christian of the Latin Rite in Quilon, who was paid streedhanam at the time of her marriage, is entitled to a share in her deceased father's property. The plaintiff and the fourth defendant are married daughters of one Sebastian who died in 1090 M.E., leaving three sons who are defendants 1 to 3 and a widow who died in 1120. The plaintiff was married in 1082 and a sum of 2,000 Fanams was paid to her as sthreedhanom [dowry]. The fourth defendant was married after her father's death. Defendants 1 to 3 and their mother mortgaged the plaint property with possession under Ext. B in 1098. After the death of their mother, defendants 1 to 3 sold the equity of redemption of the property to the fifth defendant in 1121. The plaintiff sued for partition and recovery of her one-fifth share, alleging that the mortgage and the sale were not supported by consideration and that the same were not binding on her. The fifth defendant contended that the plaintiff having received dowry at the time of her marriage was not entitled to a share in her father's property and that even if she had any right the same was barred by adverse possession. These contentions were overruled and the plaintiff was given a decree for partition. The decree of the trial court was confirmed in appeal, and the fifth defendant has preferred this second appeal.

2. When the case came up before Vaidialingam, J., it was referred to a Division Bench by the following order:

"The decision of the three learned judges of the Travancore-Cochin High Court reported in Sebastian Fernandez v. Lassar Fernandez [30 TLJ. 470] is required to be reconsidered in this Second Appeal by Mr. M. Madhavan Nair, learned counsel for the appellant.

In view of this, this Second Appeal is referred to a Division Bench for hearing."

3. Though the Christian Succession Act, II of 1092 [of Travancore], is not applicable to this case, succession having opened earlier, it is useful to refer to some of the provisions of the Act as it was one mainly consolidating the customary law applicable to intestate succession among the Indian Christians in Travancore. S.28 of the Act says:

"Without prejudice to the provisions of S.16, the male heirs mentioned in group (1) of S. 25 shall be entitled to have the whole of the intestate's property divided equally among themselves, subject to the claims of the daughter for streedhanom.

The streedhanom due to a daughter shall be fixed at one-fourth the value of the share of a son, or Rs. 5,000/- whichever is less:

Provided that any female heir of an intestate, to whom streedhanom was paid or promised by the intestate, or in the intestate's lifetime either by such intestate's wife or husband, or after the death of such wife or husband by her or his heirs, shall not be entitled to have any further claim in the property of the intestate when any of her brothers [whether of the full-blood or of the half blood by the same father] or the lineal descendants of any such deceased brother shall survive the intestate.

Any streedhanom promised, but not paid by the intestate, shall be a charge upon his property. S.30 provides:

"Ss. 24, 28 and 29 shall not be applicable to certain classes of the Roman Catholic Christians of the Latin Rite and also to certain Protastant Christians living in Karunagapally, Quilon, Chirayinkil, Trivandrum, Neyyattinkara, and other Taluks, according to the customary usage among whom the male and female heirs of an intestate share equally in the property of the intestate.

So far as those Christians are concerned, nothing in the aforesaid sections shall be deemed to affect the said custom obtaining among them."

The latter part of the section shows that female heirs of an intestate share equally with the sons according to custom. This case must be governed by the custom or usage prevalent in the community. The Travancore Christian Succession Act is based m