- (1.) One Arumugam had three sons,thanu, Shanmugam and sankaran, and a daughter Ramalakshmi. Shanmugam died in 1942 and his estate devolved upon his daughter Chidambarathammal. By virtue of S. 14 of the Hindu Succession Act, she acquired, when that Act was brought into force an absolute interest in the estate inherited by her from Shanmugam. Chidambarathammal died in February, 195 7, when she was a minor and unmarried. Arunachalathammal, one of the daughters of Ramalakshmi ammal, sister of Shanmugam, commenced an action in the court of the district Munsiff for partition and spearate possession of her 1 /24th share out of the estate of Chidambarathammal. The claim was resisted by the sons of Thanu anil Sankai an-brothers of Shanmugam. The Trial court decreed the claim and that decree was confirmed in second appeal to the High court of Madras.
(2.) In this appeal Mr. Chagla, for the appellant, contends that Arunachalathammal was under the Hindu Succession Act not entitled to a share in the estate of Chidambarathammal. The relevant provisions of the Hindu succession Act, 1956 may be noticed. S. 16 (1) of the Act provides: "The property of a female Hindu dying intestate shall devolve according to the rules set out in S. 16- (A) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband ; (B) secondly, upon the heirs of the husband ; (C) thirdly, upon the mother and father; (D) fourthly, upon the heirs of the father; and (E) lastly, upon the heirs of the mother. "by S. 16 it is provided : "The Older of succession among the heirs referred to in S. 15 shall be, and the distribution of the intestate's property among those heirs shall take place according to the following rules, namely: Rule 1. Among the heirs specified in Ss. (1) of S. 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. Rule 2. Rule 3. The devolution of the property of the intestates on the heirs referred to in clauses (b) , (d) and (e) of sub-section (1) and in Ss. (2) of S. 15 shall be in the same order and according to the same rules as would have applied if the property bad been the father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death. "section 8 of the Act provides : "The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter- (A) firstly, upon the heirs, being the relatives specified in class I of the Schedule; (B) secondly if there is no heir of Class I, then upon the relatives specified in Class II of the Schedule; (C). . . . . (D). . . . . "
(3.) The claimants to the estate of Chidambarathammal fall within clause (4) in Ss. (1) of S. 15, and by virtue of Section 16, Rule 3 the devolution of the property will be in the order and according to the rules as would have applied as if the properly were of Shanmugam and he had died immediately after Chidambarathammal. The claimants to her estste fall within Class II, Item IV of the Schedule to the Act- (1) Mother's son,. (2) Sister's son, (3) Brother's daughter, (4) Sister's daughter.;