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1963 Supreme(Mad) 215

S.RAMACHANDRA.IYER, K.S.RAMAMURTI
Rangaswami Naicken – Appellant
Versus
Chinnammal – Respondent


Advocates:
R. Gopalaswamy Ayyangar and T.K. Subramania Pillai, for Appellant.
D. Ramaswamy Ayyangar and P.R. Varatharajan, for Respondents.

Ramachandra Iyer, C.J.-

Kariakali Naicken, a resident of Vethilakalipalayam in Coimbatore district, who with his son Sinnamma Naicken, constituted a joint Hindu family, owned the two items of properties, which now form the subjectmatter of this litigation. The appellant is the son of Sinnamma Naicken. Even before he was born, Sinnamma Naicken appears to have executed a release of his interest in the joint family properties in favour of his father. But that circumstance has little bearing to this case as it has been admitted that even after such release the father and son and subsequently they along with the appellant lived as members of a joint Hindu family. The properties can therefore be regarded as coparcenary properties of Kariakali Naicken and his grandson after the death of Sinnamma Naicken who predeceased his father. Kariakalai Naicken died in the year 1951 leaving behind him his widow Angammal, three daughters (who are the respondents to this appeal) and his grandson, the appellant.

By virtue of the provisions of the Hindu Womens’ Right to Property Act, 1937, Angammal became entitled to a half-share in the properties of the family the other half vesting in the appellant. Misu

































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