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Senakkayala Virasami Naidu Vs. Bommadevara Pichayya Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Reported inAIR1918Mad456; 43Ind.Cas.167; (1917)33MLJ536
AppellantSenakkayala Virasami Naidu
RespondentBommadevara Pichayya Naidu and ors.
Cases ReferredChuraman Sahu v. Gopi Sahu I.L.R.
Excerpt:
- .....the proposition that a widow is entitled to divide the entire property of her husband among her daughters and daughter's children or that the fact that portions of the estate are given away at different times can validate such a disposition. this appeal is dismissed with costs.3. a.s. no. 213 of 1915. all that is stated in the plaint in the suit in which the appeal arises, is that the widow, the 2nd defendant, has caused transfer of pattahs in the name of the 4th defendant with respect to a portion of the land in dispute in this suit. there is no allegation that there had been an alienation by means of a conveyance and that alienation was to be set aside though as a matter of fact a deed of gift had been executed in favour of the 4th defendant. nor was there any issue raised as.....
Judgment:

1. A.S. No. 207 of 1915. The first question argued before us in this appeal is whether the plaintiffs are the reversionary of the last male owner of the properties of one B. Perumallu, the son of the 2nd defendant who is the widow of one Naganna. We do not think that the matter admits of any reasonable doubt.

[Their Lordships after considering the evidence agreed with the conclusion of the Lower Court that the plaintiffs were the reversionary.]

2. The next point that has been very strenuously argued before us is that the gift made to the 3rd defendant by the widow, the 2nd defendant, of one-fourth of the family property is valid. We agree with the Subordinate Judge that the gift cannot be supported. What the 2nd defendant did was, she gave half the estate of her husband first of all to her daughter the 4th defendant and then one-fourth of the estate to the 3rd defendant and the remainder to the 3rd defendant's son the 5th defendant. That is to say, she took it upon herself to divide the entire property among her daughters and the daughter's son. That is not a sort of disposition by a widow which can be sustained under the Hindu Law, and we do not think that any of the cases which have been cited lends support to a claim of this nature. In the case in Ramaswami Iyer v. Vengidusami Aiyar I.L.R. (1998) M. 113 the gift was made on the occasion of marriage. Here the finding of the Subordinate Judge is that it was not proved that there was, as suggested, an oral gift at the time of the marriage supplemented by the execution of proper documents sometime afterwards. In the case in Kudutamma V. Narasimhacharyulu (1907) 17 M.L.J. 528 the gift in favour of a daughter of the family was made by the manager. It was found that it was a reasonable gift having regard to the circumstances of that case. The main circumstances as mentioned there were that the family owned very large family properties and that apparently a very small portion of the property was given to the daughter. Similarly in Anivillah Sundararamayya v. Cherla Seethamma : (1911)21MLJ695 what was given was only 8 acres of land belonging to a very wealthy family the possessions of which consisted of more than about 200 acres of land. No doubt that gift was made some years after the marriage, but the circumstances of that case were totally different from the circumstances of the present case. The next case which is relied upon is Churaman Sahu v. Gopi Sahu I.L.R. (1909) C 1. In that case, the gift appears to have been made on the occasion of the daughter's grihapravesam ceremony, a ceremony connected with marriage and it was especially on that ground that the validity of the gift was upheld. We do not think that any of these cases can support the proposition that a widow is entitled to divide the entire property of her husband among her daughters and daughter's children or that the fact that portions of the estate are given away at different times can validate such a disposition. This appeal is dismissed with costs.

3. A.S. No. 213 of 1915. All that is stated in the plaint in the suit in which the appeal arises, is that the widow, the 2nd defendant, has caused transfer of pattahs in the name of the 4th defendant with respect to a portion of the land in dispute in this suit. There is no allegation that there had been an alienation by means of a conveyance and that alienation was to be set aside though as a matter of fact a deed of gift had been executed in favour of the 4th defendant. Nor was there any issue raised as regards the validity of the deed in favour of the 4th defendant. The 6th issue refers only to the transfer of pattahs. That being so, there is no reason to differ from the conclusions of the Subordinate Judge. Then as regards items Nos. 20 to 22, the findings of the Subordinate Judge must be upheld. The appeal (No. 213 of 1915) will be dismissed with costs.


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