Chennai Court September 1944 Judgments
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M.C. Chinniah Chettiar Vs. Sivagami Achi Alias Sornam Achi and ors.
Court: Chennai
Decided on: Sep-04-1944
Reported in: AIR1945Mad21
Leach, C.J.1. The question in this appeal is one of interpretation of Sub-section (2) of Section 3, Hindu Women's Rights to Property Act, 1937. The sub-section states that when a Hindu governed by a School of Hindu law other than the Dayabhag School or by customary law dies, having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of Sub-section (s), have in the property the same interest as he himself had. Sub-section (3) states that an interest devolving on a Hindu widow under the provisions of the section shall be limited interest known as a Hindu woman's estate, provided that she shall have the same right of claiming partition as a male owner. Respondent 1 is the plaintiff in the suit. She is the widow of one M.C. Thiagarajan Chettiar, who was the adopted son of the appellant and was joint with him. Thiagarajan died on 19th February 1940. On 12th June 1941 the appellant adopted defendant 3 (respondents). On 6th August ...
Chutta Veettil Puthu Parambil Muhammad Koya and ors. Vs. Ponmanichanda ...
Court: Chennai
Decided on: Sep-04-1944
Reported in: AIR1945Mad81
1. On 10th November 1936, one Puthen Veettil Umbichi Haji, a Mahomedan of the Sunni sect, died in Colombo possessed of considerable property there and in British India. He left a will dated 7th March 1933, to which he added three codicils, dated respectively 25th September 1934, 4th February 1936 and 9th April 1936. By his will and codicils he disposed of the whole of his estate. The broad question raised by the appeal is whether by reason of an ordinance passed by the Legislative authority of Ceylon he acquired full testamentary power. The testator was born at Chaliyam in Malabar in 1865. That this was the year of his birth has been agreed to by both sides in the course of the arguments in this Court. In his youth the testator migrated to Colombo where from a small beginning he built up a large fortune. His heirs according to Mahomedan law are his widow Katheesa Bi, his daughter Ayissa Bi and a cousin Moidin Kutti Haji, who died on 5th December 1936. The testator had another daughter ...
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