AIR 1935 MADRAS 775

Madras High Court

Hon'ble Judge(s): Varadachariar, Burn , JJ

(A) Hindu Law - Succession - Interest once vested ought not lightly to be divested. An interest once vested ought not lightly to be held to be divested.(Para 778C1) (B) Hindu Law - Succession - Supervening disability does not affect right vested by birth. There is a distinction in matters of succession, between a congenital disability and supervening disability. Supervening disability does not affect a right already vested by birth.(Para 778C2) (C) Hindu Law - Joint family - Survivorship - Disqualified person may be coparcener enough to take by survivorship - Severance of status as to put an end to this right is possible. A disqualified person may be a coparcener enough to take by survivorship and such a severance of the joint status as would put an end to the right of succession by survivorship is possible.(Para 780C1) A deed of partition by a father between himself and his disqualified son, assumed the son's right of survivorship and the necessity for effecting a severance of joint status, even while emphatically denying the son's right to a share; no property was allotted to the son and he was....