JUDGMENT :

JOHNSON JOHN, J

The appellant is the second defendant in O.S. No. 574 of 2011 on the file of the Additional Sub Judge, Irinjalakuda.

2. The suit is one for partition. As per the plaint averments, the plaint schedule properties belonged to Adv. Nanu Menon and his wife, Janaki Amma. The plaintiff, defendants 1 to 3 and deceased Leela are the children of Nanu Menon and Janaki Amma. The 4th defendant is the son of the third defendant. Since the 4th defendant was born prior to the Kerala Joint Hindu Family System (Abolition) Act, 1977 (Act 30 of 1976), he is also entitled for a share in items 1 and 2, the thavazhi property of the mother Janaki Amma. It is stated that items 1 to 10 are the intestate property of the parents of the plaintiff. The Mother, Janaki Amma, died on 20.07.1998 and the father, Nanu Menon, died 04.10.1995. The marriage of the plaintiff’s sister, Dr. Leela, was legally dissolved and she died issueless. She died on 14.05.2010. It is stated that the plaintiff and defendants 1 to 3 are the legal heirs of Dr. Leela.

3. Defendants 1, 3 and 4 filed written statement supporting the plaintiff. The second defendant contended that her parents, Nanu Menon and Janaki Amma