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1998 Supreme(Mad) 1714

N.V.BALASUBRAMANIAN
Kaliammal – Appellant
Versus
S. Kannan – Respondent


Advocates Appeared:
For the Appellant:V. Narayanaswamy, Advocate.
For the Respondent:Mrs. Prabha Sridevan, Advocate.

Judgment :-

1. An interesting question of law on the scope of Sec. 14 of the Hind Succession Act, 1956 arises on the facts of the case. The relevant facts are as under: One Kuppuswami Chettiar had two wives and through his first wife he had 3 sons and through his second wife he had three daughters, and his second daughter Kaliammal is the defendant in the suit. She is the appellant in the appeal. His first two daughters had no issues and his third daughter, by name, Sornammal had a daughter by name, Rajalakshmi. The plaintiff, the respondent herein, is the son of the said Rajalakshmi. On 23.8.1926, there was a family partition between Kuppuswami Chettiar and his sons through his first wife and in the partition deed, a limited interest in some of the family properties, was given to his three daughters. The said document is marked as Ex.A-5. At the time of the partition made in the year 1926, his first daughter Palaniammal was aged 10 years, his second daughter Kaliammal, the defendant in the suit and the appellant herein was aged 8 years and his third daughter Sornammal was aged 5 years.

2. The suit properties agripultural lands-admit-tedly formed part of the partition deed dated 23.


































































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