1. The following two questions have been referred to the Full Bench:

(1) Does the property obtained by a Nair female tarwads her share under an out-right partition in her tarwad any longer retain a character of tarwad property?

(2) Does that property cease to be her separate property and become the property of her thavazhi on the birth of a child to her so as to destroy her absolute powers of disposal in respect of that property?

Had these questions concerned a co-parcener under the Mithakshara Hindu Law the answers would have been unquestionably in the affirmative as would be clear from the following extracts:

"The share which a co-parcener obtains on partition of ancestral property is ancestral property as regards his male issue. They take interest in it by birth, whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations it is separate property and if the co-parcener dies without leaving male issue it passes to his heirs by succession." (Mulla's Hindu Law, 11th Edition, 1952, page 252, S. 223(4).

"On principle it would seem that where a father separ