S. RAMACHANDRA IYER, C.J. :- This second appeal concerns the succession to the estate of a Hindu unmarried female Chidambarathammal who died issueless sometime in February, 1957. The question that falls for consideration in the appeal relates to the true construction of Sections 6, 9 and 11 of the Hindu Succession Act of 1956, which we shall refer to hereafter as the Act.

2. The facts giving rise to the appeal are these : One Shanmugha who together with his brothers son, the first respondent to this appeal, constituted a joint family, effected a partition with the latter. The partition arrangement is evidenced by a document dated 31st May 1940 under which Shanmugha became entitled to the properties set out in the schedules 1 to 3, to the plaint in the present litigation. Shanmugha died about two years afterwards leaving behind him his second wife and a minor daughter Chidambarathammal by her. At the time of his death he had in addition to the aforesaid properties, those set out in schedules 4 and 5 to the plaint, which he had inherited from his predeceased first wife. His second wife succeeded him but she survived him only for a period of about three years. On her death, th