"BI" original owner left behind two sons, "A" and "B" - They derived 1/2 share - Plaintiffs and defendants are children of "A" - on death of 'B" his wife shall have same interest as her husband - As per Section 14(1) limited estate, blossomed into an absolute estate - "B" and his wife died issueless, as per Section 15(2)(b), 1/2 share on her death, devolved only on her husband's heir - "A", father of the parties being the only heir of her husband, her 1/2 share devolved on him, it is his separate property.

Citation

2017-2-L.W. 941

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 15.02.2017

Pronounced on : 28.02.2017

S.A.No.701 of 2011 and M.P.Nos.1 of 2011 & 2 & 3 of 2012

T.Ravindran, J.

Kameela Batcha.      ... Appellant

Vs.

Nagarajan (deceased)and others ...Respondents

Hindu succession act (1956), Sections 14,15

Hindu women's right to property act (1937), Section 3

C.P.C., Section 100, order 41 rule 27 Hindu law/Partition, joint family, Ancestral property, widow's rights

Joint Hindu Family Ancestral property- Partition Separate property- Division of shares-widow's rights - scope

BI original owner left behind two sons, "A" and "B" - They derived 1/2 share - Plaintiffs and defendants are children of "A" - on death of 'B" his wife shall have same interest as her husband - Interest of her's under section 3(2) is limited interest woman's estate - claim of plaintiff,

A's son that on death of "B", he and his father had derived even the interest in the suit property left behind by "B" as members of the Joint Hindu Family cannot be acceded to                             Para 7

As per Section 14(1) limited estate, blossomed into an absolute estate - "B" and his wife died issueless, as per Section 15(2)(b), 1/2 share on her death, devolved only on her husband's heir - "A", father of the parties being the only heir of her husband, her 1/2 share devolved on him, said 1/2 share cannot be the Joint hindu family property of "A", it is his separate property.                                     Para 8