D.Govindarajulu vs Lakshmi Bai on 9 April, 2009
"7. Proviso: Exception to rule of survivorship in the Mitakshara coparcenary :- This proviso says that so long as there is a female relative specified in clause (1) of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession as the case may be under this Act and not by survivorship. Under the Mitakshara coparcanery as it obtained prior to the Act, no Will left by a coparcener would be valid, the reason being that as between testamentary devolution and devolution by survivorship, the latter took precedence barring the operation of the testamentary disposition. This proviso provides that if any female relative or a male relative claiming through the female relative as specified in clause (1) of the Schedule survives the deceased, then the devolution is under this Act, whether the devolution is testamentary or by intestate succession. The words, "such female relative" found in the proviso to the section refers to a female relative who comes in the 1st class but who is dead but through whom the male relative claims (Ranganathan Chettiar v. Annamalai Mudaliar, 80 L.W.258: (1967) 1 MLJ 389; I.L.R.(1968)1 Mad 685: 1968 Mad.65)".