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1913 Supreme(Mad) 323

Subbammal Alias Pichu Ammal – Appellant
Versus
Krishna Aiyar, Minor, Through His – Respondent


JUDGMENT

1. The first question arising in this Letters Patent appeal is whether when two female heirs A and B inheriting life interests in properties belonging to a male pro-positus divide the said properties not for mere convenience of enjoyment but under a contract containing terms which indicate that each of the female heirs intends to give up in presenti her life interest in the properties which fell to the share of the other female heir, such a complete relinquishment is valid so as to prevent the heir (A or B) from claiming those properties if she happens to surrive her Co-heir (B or A).

2. That question has been answered by this Court in the affirmative in Sudalai Ammal v. Gomathi Ammal (1912) 23 M.L.J. 355 following similar answers given in several previous cases beginning with Ramakkal v. Ramasami Naicken (1899) I.L.R. 22 M. 522

3. Mr. T.V. Seshagiri Aiyar ingeniously argued (if I understood him right) that such a relinquishment of the whole life interest by A involves a relinquishment of the right of survivorship which is in A, contingent on her surviving B and such a relinquishment is invalid under SECTION 6 of the Transfer of property Act.

4. This argument is based on the a





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