custom envisaged under the Hindu Customary Law. The right of legitim for Hindu will continue to exist despite the introduction of the Hindu Succession Act. The plaint contains various precedents in support of the said contentions and per contra, the defendants in their written statements, denied the averments as well as the allegations. The defendants have stated that they are not residing in one and the same address. The defendants 2 and 3 resides in France and the defendant No.1 resides at Pondicherry and the defendant No.4 resides at Delhi. The Will executed by late Sivaprahasam, the father of the plaintiffs and the defendants is in order as per the Hindu Succession Act and the Indian Succession Act. It is false to claim by the plaintiff that the Will is void. The plaintiff is not justified in claiming the relief under the Hindu Succession Act, 1956, the French Code Civil and the Sanner's Hindu Customary Law. The Customary Hindu Law is not applicable in this case. Even under the Customary Hindu Law, only the son could have the right of legitim in respect of his father's property and the daughter cannot claim right of legitim in respect of her father's property. Sanner's Hindu Law on this point is very clear. There is no violation of public policy or human rights in executing the will by the deceased Sivaprahasam. There is no violation of Section 23 of the Indian Contract Act. Even though the plaintiff is earning Rs.3000/- per month, as teacher in the Alliance Franchise yet. She has chosen to file the suit informa properties. Thus, there is no cause of action and the suit is to be rejected.
