LEACH
M. C. Chinniah Chettiar – Appellant
Versus
Sivagami Achi alias Sornam Achi – Respondent
Leach, C.J.
1. The question in this appeal is one of interpretation of Sub-section (2) of Section 3, Hindu Womens Rights to Property Act, 1937. The sub-section states that when a Hindu governed by a School of Hindu law other than the Dayabhag School or by customary law dies, having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of Sub-section (s), have in the property the same interest as he himself had. Sub-section (3) states that an interest devolving on a Hindu widow under the provisions of the section shall be limited interest known as a Hindu womans estate, provided that she shall have the same right of claiming partition as a male owner. Respondent 1 is the plaintiff in the suit. She is the widow of one M.C. Thiagarajan Chettiar, who was the adopted son of the appellant and was joint with him. Thiagarajan died on 19th February 1940. On 12th June 1941 the appellant adopted defendant 3 (respondents). On 6th August 1941 respondent 1 filed this suit for partition, as she had the right to do by virtue of the Hindu Womens Rights to Property Act. The main question is whether she was entitled to a half share or
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