In Brief

A suit for partition of property purchased by Marappa Gounder in 1938 as self-acquired property raised the question whether his sole daughter Kupayee Ammal, and subsequently her heirs (the daughters of Marappa's brother), could inherit the property. The Supreme Court held that self-acquired property of a Hindu male devolves by succession (not survivorship) and a daughter is entitled to inherit such property in preference to collateral relatives. When Kupayee Ammal died in 1967 after the Hindu Succession Act 1956 came into force, her inherited property devolved upon the heirs of the original owner (her father), making the plaintiff-daughters Class-I heirs entitled to 1/5th share each. The suit was decreed.

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