Rights of members determines character of properties.

N.V. Balasubramanian, J.

This appeal arises out of a suit for partition in O.S.No.75 of 1986 on the file of Subordinate Judge's Court, Tiruvannamalai. The brief facts necessary for the consideration of the appeal are, one Krishna Reddiar (Senior) had a son, by name, Govindasamy Reddiar and a daughter, by name, Rangammal. His wife was Venkattammal and she died in the year 1953. Govindasamy Reddiar, son of Krishna Reddiar (Sr.), died on 19.4.1964. Govindasamy Reddiar had one son, by name, Krishna Reddiar (Junior) and two daughters, namely, Rangammal and Pappathi. The wife of Krishna Reddiar (Jr.) is one Alamelu ammal, who is the first defendant in the suit. Krishna Reddiar (Jr.)'s sister Rangammal had a daughter, by name, Alamelu ammal and she is the fifth defendant in the suit. Krishna Reddiar (Jr.)'s another sister Pappathi ammal had a son, Devan and he is the sixth defendant. Krishna Reddiar (Jr.) had a son, by name, Subramaniam and two daughters, namely, Rathinam (2nd defendant) and Balaji @ Balammal (3rd defendant). Subramaniam son of Krishna Reddiar (Jr.) died on 15.2.1986 leaving behind his wife, Tamilselvi and daughter, Krishna Devi. The wife and the daughter of Subramaniam are the plaintiffs in the suit. Govindasamy Reddiar, father of Krishna Reddiar (Jr.) had a sister, by name, Rangammal and she died on 14.8.1957. She had a son, by name, Ellappa Reddiar who is the fourth defendant and his son Govindarajan is the seventh defendant. It is also relevant to mention here that Alamelu ammal, first defendant is the daughter of Rangammal who is the daughter of Krishna Reddiar (Sr.) and Krishna Reddiar (Jr.) had married his paternal aunt's daughter, Alamelu ammal. For the purpose of convenience, we set out hereunder the genealogy tree of the family:-

Krishna Reddiar (Sr.)

Venkattammal

----------------------------

Govindasamy Rangammal

= ---------------------

Chinnammal

------------------------ Alamelu(D1) Ellappa

Reddiar(D4)

Krishna Rangammal Pappathi

Reddiar Govindarajan

= Alamelu Devan (D7)

Alamelu (D5) (D6)

(D1)

--------------------------

Subramanian Rathinam Balaji

= (D2) (D3)

Tamilselvi

(P1)

Krishna Devi

(P2)

2. The plaintiffs have filed the suit for partition claiming 5/8th share in the suit properties and also for delivery of possession and mesne profits and other incidental reliefs. In our view, it is not necessary to burden the judgment with various averments made in the plaint as well as the defence raised in the written statements as the points raised in the appeal are narrow. There is no dispute that the plaintiffs are entitled to a share, but the question is what would be the share which the plaintiffs are entitled to.

3. We heard Mrs.Pushpa Sathyanarayan, learned counsel for the appellants and Mr.S.Parthasarathy, learned counsel for the respondents. After hearing the arguments of learned counsel for the parties, we are of the view that the following points emerge for consideration:

1. Whether the properties held by Subramaniam on the date of his death are coparcenary properties?

2. If the answer for the first point is in the affirmative, whether the second plaintiff Krishna Devi, an unmarried daughter, would be entitled to claim a share in the coparcenary properties held by Subramaniam as if she is a corparcener?

3. Whether the share in the properties left by Subramaniam which earlier devolved on the plaintiffs 1 and 2 as well as the first defendant under section 6 read with 8 of the Hindu Succession Act on the death of Subramaniam would be altered by reason of insertion of section 29-A of the Hindu Succession Act,1956?

4. Before considering the above questions, it would be relevant to consider the property standing in the name of Rangammal daughter of Krishna Reddiar (Sr.)of an extent of 1.25 acres in the northern portion of second item of suit properties. In so far as that property is concerned, the property was standing in the name of Venkatammal wife of Krishna Reddiar (Sr.) and mother of Govindasamy Reddiar and she died