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1966 Supreme(Mad) 302

M.NATESAN
Thatha Gurunadham Chetti – Appellant
Versus
Smt. Thatha Navaneethamma (died) – Respondent


Advocates:
K.R. Krishnaswami Ayyar, K. Sanjeevi Naidu and K. Kumaraswami, for Appellant.
S.A. Seshadri Ayyangar and G. Ramalinga Reddy, for Respondents.

JUDGMENT.-

This Second Appeal involves the question of the applicability of section 14 of the Hindu Succession Act of 1956 to the facts of the case. One Guruviah Chetty died about the year 1932, prior to the Hindu Women’s Right to Property Act of 1937 leaving surviving his widow Thatha Muniamma and four sons, Venkatachalam Chetti, Gurunathan Chetti Narasimhulu Chetti, and Bangaru Chetti. The four sons partitioned their family properties in 1946 under the deed of partition Exhibit A-2 dated nth December, 1946. The family properties were divided into five Schedules ‘A ‘to ‘E ‘. Schedules ‘B ‘to ‘E ‘were taken, one by each son and the ‘A ‘Schedule which contained four items was allotted to the widow of the deceased, their mother, for her maintenance. Under the terms of the allotment, the widow had no powers of alienation of any kind and had only the right to enjoy the income from the properties after meeting the taxes. The four items allotted to the widow for her lifetime were also the subject of division between the four sons, the deed particularising the items respectively to be taken by the sons after her lifetime. Under this provision, the suit property has to go to the share of t




















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