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Showing contexts for: devolved in B.Tamilselvan vs Balasubramanian on 23 January, 2012Matching Fragments
3. The undisputed genealogy graph of the family is given under:-
4. The case of the Plaintiff is that the suit property belonged to Ramayee, having purchased the 1st item by the sale deed dated 13.03.1935 in Ex.A2 and the 2nd item originally belonged to Arulandu and the same was mortgaged to Kuttal, the mother of Ramayee, which was not redeemed and hence, Kuttal and after her, Ramayee was in possession and enjoyment. The patta stood in the name of Ramayee.
5. The said Ramayee died intestate in the year 1969. Her first husband is Muthukonar. After his death, she got married to one Alagupillai. Through her first husband, she begot one daughter, namely, Soundaram. Through her second husband, namely, Alagupillai, she got a daughter and a son, namely, Poomayil and Rajangam. After the death of Ramayee, who died intestate, the properties devolved upon Soundaram, Poomayil and Rajangam, each taking 15/45, that is, 1/3rd share in the properties.
36. Ramayee died in 1969 intestate. The property inherited by a female Hindu, namely, Ramayee devolved upon Soundaram, Poomayil and Rajangam, each taking 1/3rd share. Poomayil died in the early year of 1973. The property inherited by her is her mother's property. She had left two sons and two daughters and her husband, the 1st Defendant herein. As per Section 15(1)(a) of the Hindu Succession Act, the property shall devolve upon her sons, daughters and the husband. So, 1/3rd share of Poomayil will devolve upon the Plaintiff, the Defendants 2 and 3, Indra Devi who was alive at the time of death of her mother and the husband of Poomayil namely the 1st Defendant herein and each will get 1/15 share.
37. As regards the property of Rajangam and Soundaram, the property should devolve by testamentary succession in accordance with their respective Will. In so far as the 1/3rd share of Rajangam is concerned, he died in the year 1974 unmarried. He executed a Will bequeathing his property in favour of his sister's children, namely, Plaintiff, the Defendants 2 and 3 and Indra Devi and each gets 1/12th share.
38. Soundaram died in the year 1997. She had left a Will giving her share to her sister's children, namely, the Plaintiff, the Defendants 2 and 3 each getting 1/9th share in 1/3rd share of Soundaram. Section 15 of the Hindu Succession Act groups the heirs of a female, who dies intestate, into five categories described as entries (a) to (e) and specified in sub section (1). Two exceptions both of the same nature are engrafted by sub section (2) on the otherwise uniform order of succession prescribed by sub section (1). The two exceptions are that if the female dies without leaving any issue, then (i) in respect of property inherited by her from her father or mother, that property will devolve not according to the order laid down in the five entries (a) to
(e), but, upon the heirs of her father and (ii) in respect of property inherited by her from her husband or father-in-law, it will devolve not according to the order laid down in the five entries (a) to (e), but upon the heirs of the husband. Section 15 has to be read in conjunction with Section 16, which evolves a new and uniform order of succession to her property and regulates the manner of distribution.
39. In the present case, on the demise of Indra Devi, as she had inherited the property from her mother's side, it would devolve upon the heirs as prescribed under Section 15(2)(a). As the father is excluded as per Section 15(1), the 1st Defendant is not entitled to get any right in the share of Indra Devi. So, it would devolve upon the heirs of the father, namely, the Plaintiff and the Defendants 2 and 3.