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Issues Involved:
1. Ownership of the property described in Schedules 1 and 2. 2. Validity of the will set up by Respondents 1 and 2. 3. Non-joinder of necessary parties. Issue-wise Detailed Analysis: 1. Ownership of the Property Described in Schedules 1 and 2: The appellant claimed ownership of the properties described in Schedules 1 and 2 as the sole heir of her mother, Rajambal, under Section 12 of the Mysore Hindu Law Women's Rights Act, 1933. The respondents contended that the properties were owned by the appellant's father, who had executed a will appointing Respondent No. 1 as executor. The trial court found that the properties belonged to the appellant's mother, but the High Court reversed this finding, holding that the property was purchased by the appellant's father benami in the name of his wife. The Supreme Court, however, concluded that the property was indeed purchased by the appellant's mother in her own name, though the consideration was paid by her husband. This conclusion was based on the correspondence and admissions made by the appellant's father, which indicated that he treated the property as belonging to his wife. 2. Validity of the Will Set Up by Respondents 1 and 2: The trial court found the will executed by the appellant's father to be invalid. The High Court did not find it necessary to consider the validity of the will after determining that the property belonged to the appellant's father. The Supreme Court did not delve into the validity of the will, as the primary issue was the ownership of the property, which they concluded belonged to the appellant's mother. 3. Non-joinder of Necessary Parties: The respondents argued that even if the property belonged to the appellant's mother, the appellant's brothers were co-heirs and necessary parties to the suit. The trial court dismissed the suit on the ground of non-joinder of necessary parties. The High Court did not address this issue due to its finding on the ownership of the property. The Supreme Court held that the appellant's failure to join her brothers was fatal to the suit. The property fell under Section 10(2)(d) of the Mysore Hindu Law Women's Rights Act, which meant the appellant and her brothers were co-heirs. The court rejected the appellant's application to amend the plaint to include her brothers at this late stage, emphasizing that the plea of non-joinder had been raised from the outset, and the appellant had ample opportunity to rectify this defect during the trial and appellate stages. Conclusion: The Supreme Court dismissed the appeal, holding that the property belonged to the appellant's mother but the suit was incompetent due to the non-joinder of necessary parties. The court emphasized that the estate could only be represented when all heirs were before the court. The appellant's application to amend the plaint was rejected as it was filed too late. The appellant was allowed to appeal as a pauper, and no court fees were imposed. There was no order as to costs throughout. Separate Judgment by Mudholkar J.: Mudholkar J. dissented, arguing that the transaction should be viewed as a gift from the appellant's father to her mother, thus falling under Section 10(2)(b) of the Act. He opined that the property should be deemed as purchased by the mother with the father's money, making the appellant the sole heir. Consequently, he proposed setting aside the lower courts' decrees regarding the Beverly Estates property and decreeing the appellant's suit with respect to it. He also suggested that the respondents pay proportionate costs in all courts. Order by Court: The appeal was dismissed in accordance with the majority opinion, with no order as to costs. The appellant was not required to pay court fees.
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