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1921 Supreme(Mad) 234

RAMESAM
C. Saminatha Chetty – Appellant
Versus
Angammal – Respondent


JUDGMENT

Ramesam, J.

1. The plaintiffs are the stepsons of the stepsister of the deceased and claim to succeed to his estate. Our learned brother Kumaraswami Sastri J. dismissed the suit, holding that plaintiffs are not heirs. The plaintiffs appeal. The only point for decision in appeal is whether the stepson of a stepsister is an heir under the Hindu Law (according to Mitakshara) as administered in the Madras Presidency.

2. Mr. A Krishnaswami Aiyar who appeared for the appellant started his case by saying (1) that the stepsister is a sapinda of the propositus and (2) that the plaintiffs are her sapindas. But he did not, and rightly,--follow up these propositions by arguing that the plaintiffs are therefore sapindas of the propositus. Later on, he expressly disclaimed any intention to argue that the plaintiffs are Bandhus (or Bhinnagotra sapindas) of the deceased. On this portion of the case, it is only sufficient to observe, that, in general, sapindaship involves descent from a common ancestor, the only exception to this principle being the case of wives of male sapindas. If A and B (males) are sapindas of each other, the wives of A and B are sapindas. This follows from the definitio




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