prior to coming into force of the Hindu Succession Act, 1956 (for brevity, 'the Act of 1956'), Section 32 read with Section 35 of the Indian Succession Act, 1925, would govern the rule of succession of a Hindu female and, thereby, defendant Nos. 2 to 6 are the legal- heirs of the deceased Kishan Rao. Since the property was the absolute property or exclusive property of Narasamma, defendant Nos. 1 to 6 and 11 to 15 admitted that the plaintiff and defendant Nos. 7 to 10 are entitled to 1/21st share in the 1/3rd share of Rama Swamy irrespective of the rules governing succession of property by a female Hindu prior to 1956. That apart, under the original of Ex.B1, Rama Swamy is entitled to 1/3rd share in B schedule property which attained finality. If the contention of the plaintiff is accepted, it certainly amounts to annulling the decree and judgment. In view of Ex.B1 and admissions in pleadings, irrespective of succession of property of a Hindu female, who died intestate before commencement of the Act of 1956, I am of the considered view that the plaintiff and defendant Nos. 7 to 10, along with Kishan Rao and the 1st defendant, are entitled to 1/7th share each in the 1/3rd share of Rama Swamy. Therefore, the plaintiff is entitled to 1/21st share; defendant Nos. 11 to 15, being legal-heirs of the deceased 1st defendant, are entitled to 1/3rd share + 1/21st share i.e. 8/21st share; defendant Nos. 2 to 6, being legal-heirs of the deceased Kishan Rao, are entitled to 1/3rd share + 1/21st share i.e. 8/21st share and defendant Nos. 7 to 10 are entitled to 1/21st share each. Since the 7th defendant is also died, the plaintiff and defendant Nos. 8 to 10 are entitled to 1/4th share each in the 1/21st share of the 7th defendant i.e. 1/84th share each. Thereby, the plaintiff is entitled to 5/84th share i.e. 1/21st +1/84th share; defendant Nos. 2 to 6 are entitled to 32/84th share; defendant Nos. 8 to 10 are entitled to 5/84th share each and defendant Nos. 11 to 15 are entitled to 32/84th share in A and B schedule property. Accordingly, the points are answered. In Re. Point No. 3: In the result, the appeals are allowed; setting aside the decree and judgment in O.S.No. 441 of 1984 on the file of the Court of IV Additional Judge, City Civil Court, Hyderabad, dated 10-04-1996; passing a preliminary decree for partition of A and B schedule property into 84 equal shares and allotting 5/84th share each to the plaintiff and defendant Nos. 8 to 10; 32/84th share to defendant Nos. 2 to 6, being legal-heirs of Kishan Rao and 32/84th share to defendant Nos. 11 to 15, being legal-heirs of the deceased 1st defendant while directing defendant Nos. 2 to 6 to render true and correct account of income from A schedule property and pay 5/84th share each to the plaintiff and defendant Nos. 8 to 10 out of the income from A schedule property from the date of decree till delivery of possession. The plaintiff is at liberty file an application for ascertaining the income payable by defendant Nos. 2 to 6 from A schedule property. Pending miscellaneous petitions in both these appeals, if any, shall stand closed in consequence. No order as to costs.
prior to coming into force of the Hindu Succession Act, 1956 (for brevity, 'the Act of 1956'), Section 32 read with Section 35 of the Indian Succession Act, 1925, would govern the rule of succession of a Hindu female and, thereby, defendant Nos. 2 to 6 are the legal- heirs of the deceased Kishan Rao. Since the property was the absolute property or exclusive property of Narasamma, defendant Nos. 1 to 6 and 11 to 15 admitted that the plaintiff and defendant Nos. 7 to 10 are entitled to 1/21st share in the 1/3rd share of Rama Swamy irrespective of the rules governing succession of property by a female Hindu prior to 1956. That apart, under the original of Ex.B1, Rama Swamy is entitled to 1/3rd share in B schedule property which attained finality. If the contention of the plaintiff is accepted, it certainly amounts to annulling the decree and judgment. In view of Ex.B1 and admissions in pleadings, irrespective of succession of property of a Hindu female, who died intestate before commencement of the Act of 1956, I am of the considered view that the plaintiff and defendant Nos. 7 to 10, along with Kishan Rao and the 1st defendant, are entitled to 1/7th share each in the 1/3rd share of Rama Swamy. Therefore, the plaintiff is entitled to 1/21st share; defendant Nos. 11 to 15, being legal-heirs of the deceased 1st defendant, are entitled to 1/3rd share + 1/21st share i.e. 8/21st share; defendant Nos. 2 to 6, being legal-heirs of the deceased Kishan Rao, are entitled to 1/3rd share + 1/21st share i.e. 8/21st share and defendant Nos. 7 to 10 are entitled to 1/21st share each. Since the 7th defendant is also died, the plaintiff and defendant Nos. 8 to 10 are entitled to 1/4th share each in the 1/21st share of the 7th defendant i.e. 1/84th share each. Thereby, the plaintiff is entitled to 5/84th share i.e. 1/21st +1/84th share; defendant Nos. 2 to 6 are entitled to 32/84th share; defendant Nos. 8 to 10 are entitled to 5/84th share each and defendant Nos. 11 to 15 are entitled to 32/84th share in A and B schedule property. Accordingly, the points are answered. In Re. Point No. 3: In the result, the appeals are allowed; setting aside the decree and judgment in O.S.No. 441 of 1984 on the file of the Court of IV Additional Judge, City Civil Court, Hyderabad, dated 10-04-1996; passing a preliminary decree for partition of A and B schedule property into 84 equal shares and allotting 5/84th share each to the plaintiff and defendant Nos. 8 to 10; 32/84th share to defendant Nos. 2 to 6, being legal-heirs of Kishan Rao and 32/84th share to defendant Nos. 11 to 15, being legal-heirs of the deceased 1st defendant while directing defendant Nos. 2 to 6 to render true and correct account of income from A schedule property and pay 5/84th share each to the plaintiff and defendant Nos. 8 to 10 out of the income from A schedule property from the date of decree till delivery of possession. The plaintiff is at liberty file an application for ascertaining the income payable by defendant Nos. 2 to 6 from A schedule property. Pending miscellaneous petitions in both these appeals, if any, shall stand closed in consequence. No order as to costs.