The question of law that has been formulated for hearing in this second appeal relates to the consequences that flow from the notional partition contemplated in sub section 1 of section 7 of the Hindu Succession Act.

2. The parties to the suit from which this appeal arises are Nairs who were governed by the marumakkathayam law of inheritance. One Bhavani Amma purchased 57 cents in her name for the benefit of her 'tavazhi' in 1950 by Ext A3 sale deed. The other members of the 'tavazhi' were her four children namely, Vijayan, Radha, Indiramani, and Sathidevi who is the first defendant. Vijayan died unmarried and issueless. Bhavani Amma and others sold 20 cents to the first defendant. The remaining extent of 37 cents was sought to be partitioned in the suit. The plaintiffs are the children of Radha, defendants 2 to 4 the children of the first defendant, Sathidevi, and the fifth defendant the son of Indiramani. These children were born before the Kerala Joint Hindu Family System (Abolition) Act 1975 came into force. By Ext B2 deed Radha and Indiramani released their rights to their mother, Bhavani Amma, and their sister Sathidevi in 1977. Bhavani Amma died on 7.1.2002. She beq