A.S. (MD) No. 307 of 2008 each entitled to 1/6th share, plaintiffs 4 and 5 are jointly entitled to 1/6th share, the 1st defendant is entitled to 1/6th share and defendants 2 to 6 are jointly entitled to 1/6th share. Since Periyasamy died intestate, in respect of item Nos. 3 to 10 of "A" Schedule properties, which stand in his name, the 1st plaintiff would be entitled to 1/6th share and defendants 2 to 6 would be each entitled to 1/6th share. Since the 1st plaintiff, i.e, the 1st respondent herein died pending the appeal, her 1/6th share in respect of item No.1 of "A" Schedule property has to be divided into 5 parts and thereby her sons, i.e, 2nd plaintiff and 1st defendant are each entitled to 6/30 share (i.e., 1/5th share), likewise, her daughter 3rd plaintiff is entitled to 6/30 share 4th and 5th plaintiffs are jointly entitled to 6/30 share and defendants 2 to 6 are jointly entitled to 6/30 share. Since the 2nd plaintiff died during the pendency of the appeal, his legal heirs, who are respondents 7 to 9 in this appeal are jointly entitled to 6/30 share of the 2nd plaintiff. The 4th plaintiff/4th respondent in the appeal also died during the pendency of the appeal and respondents 10 and 11 have been impleaded as her legal heirs. Hence, respondents 5, 10 and 11 are jointly entitled to 6/30 share. Further, the 1st appellant/2nd defendant also died pending the appeal and appellants 2 to 5 are her legal heirs. Therefore, they are jointly entitled to 6/30 share over item No.1 of 38\48
