In cases of inherited property, the nature of the property and the rights of inheritance are determined based on the specific circumstances and legal provisions.

Headnote:
Inheritance Rights - Maternal Grandfather's Property - The property in suit, inherited from the maternal grandfather, did not assume the character of ancestral property, giving the widow preferential right of inheritance over the father.
Fact of the Case:

The property in suit was inherited by Venkataramana Iyer from his maternal grandfather. Upon his death without issue, his widow had a preferential right of inheritance over his father.
Finding of the Court:

The court found that the property did not assume the character of ancestral property, granting the widow a preferential right of inheritance over the father.
Issues: Interpretation of the nature of the inherited property and the preferential right of inheritance of the widow over the father.
Ratio Decidendi: The property did not assume the character of ancestral property, and therefore, the widow had a preferential right of inheritance over the father.
Final Decision: The Second Appeal was dismissed with costs.

JUDGMENT

1. The property in suit came into the possession of Venkataramana Iyer by the Will of his maternal grandfather. It never assumed the character of ancestral property if we understand that expression in the technical sense of property in which a son on birth becomes an equal owner with his father. It follows that Venkataramana Iyers widow had, when he died issueless, a preferential right of inheritance over his father.

2. The cases of Muthayan Chetti v. Sivargiri Zamindar [1881] 3 Mad. 370. Sivaganga Zamindar v. Lakshmana [1886] 9 Mad. 188 and Muthuvadugurinatha Tevar v. Periasami [1893] 16 Mad. 11 cited by appellants vakil are all cases of impartible estates as to which there are rights of primogeniture. It would be unsafe to take any statements as to the law out of the judgments in those eases and apply them to different circumstances. In Venkayamma Garu v. Venkata Ramanayamma Bahadur Garu [1902] 25 Mad. 678 the property devolved upon maternal grandsons not by Will but by the ordinary law of inheritance. The lower Courts are right upon the point of law. The Second Appeal is dismissed with costs.

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1926 Supreme(Mad) 31

IN THE HIGH COURT OF MARASSubramania AyyarVersusNalla Kayandan And Ors.Decided On : 19 January, 1926

In cases of inherited property, the nature of the property and the rights of inheritance are determined based on the specific circumstances and legal provisions.

IN THE HIGH COURT OF MARAS
Subramania Ayyar
Versus
Nalla Kayandan And Ors.
Decided On : 19 January, 1926