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Krishnaswami Naidu Vs. Seethalakshmi Ammal - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1225(2); (1916)ILR39Mad1029; 31Ind.Cas.803
AppellantKrishnaswami Naidu
RespondentSeethalakshmi Ammal
Cases ReferredNagalingam Pillai v. Ramachandra Tevar
Excerpt:
hindu law - property given for maintenance--to illegitimate son of deceased co-parcener--son of illegitimate son, whether can claim vested right of inheritance. - .....the lower courts were, therefore, right in holding that the son of the illegitimate son did not obtain any right by birth in property given to his father for maintenance, when that gift was not made by the father's father. the second appeal is dismissed with costs. the petition put in by the respondent is also dismissed with costs.
Judgment:

1. Property given for maintenance to the illegitimate son of an undivided deceased co-parcener cannot be treated as the ancestral property of the illegitimate son in which the son of that illegitimate son gets a right by birth. The case of Nagalingam Pillai v. Ramachandra Tevar 24 M.P 429 : 11 M.L.J. 20, quoted by the appellant's learned Vakil was the case of a gift by a father to his son of property which would; have, but for the gift, on such descent, descended to the son and been ancestral: property in the son's hands, the learned Judges holding that a father making such a gift, might be presumed to have intended his son to take it as if the son had inherited it. The case of, Hazarimal Babu v. Abani Nath 18 Ind. Cas. 625 : 17 C.L.J. 38 : 17 C.W.N. 280, was a case of gift again by a father for the maintenance of his sons and sons' descendants.

2. Without expressing an opinion as to whether the case of Nagalingam Pillai v. Ramachandra Tevar 24 M.P 429 : 11 M.L.J. 20, was rightly decided, the two cases above noted, are clearly distinguishable from the present case.

3. The lower Courts were, therefore, right in holding that the son of the illegitimate son did not obtain any right by birth in property given to his father for maintenance, when that gift was not made by the father's father. The second appeal is dismissed with costs. The petition put in by the respondent is also dismissed with costs.


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