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1933 Supreme(Mad) 297

SUNDARAM CHETTY
Krishnan Chettiar died – Appellant
Versus
Manickammal – Respondent


JUDGMENT

1. This is an appeal preferred by one Krishna Chettiar against the order of the District Judge of North Arcot for the grant of a succession certificate in favour of the respondents in O.P. No. 31 of 1930. The last male owner was Ponnusami alias Subbu Chetty who died unmarried in or about 1916. His mother (Muthammal) succeeded to his estate as a limited owner under the Hindu Law and died on 14th September, 1929. The present respondents who are the sisters of the last male owner claiming to be the nearest heirs by virtue of Act II of 1929 sought for the issue of a succession certificate in their favour, in order to enable them to collect the debts clue to the estate of the last male owner. This present appellant Krishna Chettiar opposed this application, contending that under the Hindu Law, he as the paternal uncle of the last male owner Ponnusami was entitled to succeed to the estate on the death of his mother and that Act II of 1929 would not apply to this case. The learned District Judge held that as sisters, the respondents have a preferential right over the paternal uncle, as the Hindu Law of Inheritance (Amendment) Act (II of 1929) had come into force when the last limi


















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