Hindu female heirs cannot inherit property from a male relative if the male died before the Hindu Succession Act, 1956, making their claims void in this context.

JUDGMENT :

Dr.G.Jayachandran, J.

This Appeal Suit is directed against the dismissal of the partition suit in O.S.No.611 of 2011 on the file of the IV Additional District and Sessions Court, Coimbatore.

2. The plaint was initially laid by 7 plaintiffs joined together against 5 defendants. Pending suit, others were impleaded as plaintiffs or defendants. The amended plaint, written statement and additional written statement form part of the pleadings.

3. The facts consolidated from the pleadings:

The suit schedule property and other properties were jointly purchased by Anga Moopan and his brother Perichi Moopan on 17.06.1935. They both were in possession and enjoyment of their respective shares separately. Later, Perichi Moopan sold his ½ share in the property to one Boli Reddy on 10.01.1955. Anga Moopan was enjoying his ½ share, which is the subject matter of the dispute in the suit. Anga Moopan had two wives. Mara Moopan and Angammal are the children born to his first wife. Palaniammal, Rangammal and Nanjammal are the children born to his second wife. Mara Moopan the only son of Anga Moopan died on 31.12.2005. The suit for partition laid by the 3 daughters of Anga Moopan and the 4 children of as his deceased daughter Nanjammal as plaintiffs against the decendants of Mara Moopan.

4. The plaintiffs case is, Anga Moopan died intestate on 10.04.1960 and thereafter, the suit property was jointly enjoyed by them along with the defendants. The succession opened on 10.04.1960, when Anga Moopan died. All the five children of Anga Moopan, both male and female heirs, are entitled for 1/5^th share each. However, when the plaintiffs sought for division of the property, by metes and bound and to allot 1/5^th share each, the defendants kept postponing the same on one pretext or other.

5. Whereas, the defendants in the written statement contented that it is true that the suit property along with other properties were purchased jointly by Anga Moopan and his brother Perichi Moopan on 17.06.1935 under Ex.A-1. It is also equally true that the brothers were enjoying their share of property separately and exclusively. Perichi Moopan sold his share of property in the year 1955. However, even before that, Anga Moopan died in the year 1939, not in the year 1960 as pleaded by the plaintiffs. On the death of Anga Moopan, the property devolved on his only son Mara Moopan and he was in absolute possession and enjoyment of the property till his life time. The patta for the property transferred in the name of Mara Moopan mentioning the sub-division No: S.F.538/A1L. On the death of Mara Moopan on 31.12.2005, the property devolved on the defendants. At no point of time, the plaintiffs were in joint possession of the suit property with the defendants. Being the absolute owners of the suir property, the plaintiffs had entered into a partition among themselves on 10.08.2011. After knowing that defendants have entered into partition, the present suit, without any cause of action filed. Since certain documents pertaining to the suit property could not be procured in time, there was a delay in filing the written statement. Hence, the Co