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Muthayya Rajagopala thevar Vs. Minakshisundara Nachiar and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad394
AppellantMuthayya Rajagopala thevar
RespondentMinakshisundara Nachiar and ors.
Cases ReferredSrinivasa Ayyangar v. Kuppan Ayyangar
Excerpt:
hindu law - impartible estate--adoption--rights of natural father of adopted son as reversionary heir to son's estate. - - in illustration of this contention it was maintained that if the property bad been partible, the appellant would be entitled to the whole of it to the exclusion of his brothers......defendant is a preferential reversionary heir to his senior brother by reason of his being the natural father of the deceased adopted son, the estate in question being admittedly an impartible estate governed by the law of primogeniture. in illustration of this contention it was maintained that if the property bad been partible, the appellant would be entitled to the whole of it to the exclusion of his brothers. we consider the contention to be untenable. we cannot accede to the argument that, in determining the degree of propinquity to the deceased adopted son in his adoptive family in which the question of reversionary succession arises, the appellant should be regarded as nearer of kin, because of his relationship as natural father--a relationship which for purposes of inheritance.....
Judgment:

1. The question argued in support of this appeal is that the appellant who is a junior adoptive maternal uncle of the deceased adopted son of the first defendant is a preferential reversionary heir to his senior brother by reason of his being the natural father of the deceased adopted son, the estate in question being admittedly an impartible estate governed by the law of primogeniture. In illustration of this contention it was maintained that if the property bad been partible, the appellant would be entitled to the whole of it to the exclusion of his brothers. We consider the contention to be untenable. We cannot accede to the argument that, in determining the degree of propinquity to the deceased adopted son in his adoptive family in which the question of reversionary succession arises, the appellant should be regarded as nearer of kin, because of his relationship as natural father--a relationship which for purposes of inheritance is entirely immaterial. It has been definitely decided in Srinivasa Ayyangar v. Kuppan Ayyangar 12 M.H.C.R. 180 that for mutual rights of succession an adopted son is completely severed from his natural family. None of the tests quoted to us is in conflict with that ruling.

2. It is unnecessary to consider or decide whether the natural relationship would be efficacious to intercept an escheat to the Crown.

3. The appeal, therefore, fails and is dismissed with separate costs for each set of respondents except in regard to the vakil's fee of which each will get a moiety.


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