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1942 Supreme(Mad) 398

Pappammal alias Muthu Karuppayyee Ammal – Appellant
Versus
Meenammal – Respondent


JUDGMENT

1. The question which has been referred is whether the word "sister" in the Hindu Law of Inheritance (Amendment) Act, 1929, includes a half-sister. That Act was passed because the Legislature deemed it to be expedient to alter the order in which certain heirs of a Hindu male dying intestate are entitled to succeed to his estate. Section 2 says that a sons daughter, daughters daughter, sister, and sisters son shall, in the order so specified, be entitled to rank in the order of succession, next after a fathers father and before a fathers brother. There is a conflict of opinion on the question whether the word "sister" includes a half-sister. The Allahabad High Court in Ram Adhar v. Sudesra I.L.R. (1933) All. 725, has held that the word "sister" does not include a half-sister, and this decision has been followed by this Court in Angamuthu Muthirian v. Sinnapennammal (1937) 47 L.W. 286, and by the Patna High Court in Mst. Daulat Kuer v. Bishundeo Singh I.L.R. Pat. 382. On the other hand the Nagpur High Court has held that it does. The Nagpur case is Amrut v. Mst. Thagan I.L.R. 1938 Nag. 115, in which an earlier unreported case of the same Court was followed. The learned Judges








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