Stridhana properties of a female dying intestate before Hindu succession Act, presence of daughter would have excluded the son and husband -

Citation 

2015-1-L.W. 892

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 30.01.2015

Delivered on : 5.2.2015

/S.A.No.476 of 2006 P.R.Shivakumar, J.

N.Kuppusamy Naidu .. Appellant

-Vs-

Saroja.       ...Respondent

Prayer:-Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 12.12.2002 made in A.S.No.37 of 1997 on the file of the Additional District Judge/Fast Track Court No.III, Chengalpattu at Poonamallee and the judgment and decree dated 13.02.1995 made in O.S.No.1632 of 1981 on the file of the District Munsif Court, Poonamalle.

Hindu law/Stridhana properties, Joint family property, female's rights, Rule of, Estoppel, when to be applied,

Hindu Succession Act (1956), Section 14, stridhana property, female's rights, absolute, when.

Appellant and respondent/children of 'K' are brother and sister.

Property to 'K' by WILL, whether stridhana property or joint family - Plea that K's husband treated it as joint family - property whether valid, acquiescence, - plea of Scope.

held: 'A' schedule properties were stridhana properties of K, on her death, it would have been inherited by her legal heirs as per law of inheritance prevailing on the date of her death Stridhana properties of a female dying intestate before Hindu succession Act, presence of daughter would have excluded the son and husband Daughters take only a limited estate and on death, it would go to the stridhana heirs of the mother from whom she inherited the same Respondent (sister of appellant) plaintiff became entitled to all the five items of properties described in plaint 'A' schedule.

Para 19