The main legal point established in the judgment is the application of the Hindu Succession Act, specifically sections 15(1)(a) and 15(2)(1)(a), in determining the plaintiff's entitlement to shares in the suit properties.

R.KARUPPIAH,J.

1. This Appeal Suit is directed against the judgment and decree, dated 11.8.2004, passed in O.S.No.200 of 2004 on the file of the Additional District Judge, Fast Track Court, Poonamallee. The plaintiff in the above said suit is the appellant herein.

2. For the sake of convenience, in this Judgment, the parties are referred to as arrayed in the suit.

3. The appellant/plaintiff has filed the suit for partition of her 1/3 share in the first and second schedule suit properties. Briefly, the case of the plaintiff is that one Elumalai Naicker and his wife Gangammal had two daughters and two sons viz., Rajammal (D6), Valliyammal, Raman and Lakshmanan (D1) and Valliyammal died intestate on 25.7.1960 leaving her only daughter Padmini, who is the plaintiff. Gangammal died intestate in the year 1968 and her husband Elumalai Naicker died intestate in the year 1974 and Raman also died intestate on 8.6.1982 leaving behind his legal heirs defendants 2 to 5. During the pendency of the suit, the first defendant died on 1.3.1996 and his wife and children are defendants 8 to 15. Sixth defendant who is one of the daughters of Elumalai also died as issueless.

4. According to the plaintiff, the first schedule properties i.e., item Nos.1 to 6 originally belonged to Elumalai Naicker and his wife Gangammal and patta pass book was also issued jointly in the name of husband and wife and the above said properties were not divided so far. It is further stated that second schedule properties i.e., item Nos.1 to 6 were jointly purchased with the assistance of income from the above said properties of Elumalai Naicker and Gangammal in the name of first defendant viz. Lakshmanan and his deceased brother Raman. Under the provisions of Section 15 of the Hindu Succession Act, 1956, the plaintiff has got one fourth share and first and sixth defendants have got one fourth share each and the defendants 2 to 5 jointly have one fourth share in the first and second schedule properties and since the defendants were trying to alienate the properties, the plaintiff issued a legal notice dated 30.9.1994 to defendants 1 to 6 and except the first defendant, other defendants have received the notice and the first defendant's notice returned as undelivered. None of them replied to the plaintiff's legal notice and therefore the plaintiff filed the suit for partition of her 1/4 share in first and second schedule properties. During the pendency of the suit, one of the daughters of Elumalai Naicker namely 6th defendant died issueless and also 1st defendant, one of the sons of Elumalai, also died and defendants 8 to 15 are his legal heirs and hence the plaintiff amended the plaint praying for 1/3 share in the suit properties.

5. Before the Trial Court,, 7th defendant remained exparte and D1 and D6 were died and on the side of other defendants, the third defendant has filed written statement and adopted by D2 to D5 and D8 to D15, in which it is stated that some of the plaint schedule properties belonged to Elumalai and for the auspicious reason and also to give happy to his wife, Elumalai had purchased one item of plaint schedule properties i.e. an extent of 1.09 acres in the name of his wife Gangammal, who was house wife and not having any means to purchase and hence the above said item of the property also absolutely belonging to Elumalai.

6. The defendants have denied the allegation that Elumalai Naicker died intestate in the year 1974 as false and contended that Elumalai Naicker executed a registered Will and there is no question of division of properties by inheritance. According to the wish of Elumalai Naicker and as per Will, the defendants were enjoying the properties and the suit has been filed in the year 1995 with long delay and the plaintiff very well known that she has no right in the schedule mentioned properties and there is registered Will pertaining to the schedule mentioned properties and the same were absolute properties of Elumalai N