at the age of 80 years and moreover, taking into account the admission of the plaintiffs themselves as well as the contesting defendants, the property was only an ancestral property at his hands. The right to seek partition opened on the death of Krishnasamy Pillai on 24.11.1958. Admittedly, he was survived by his wife, two sons and two daughters. Though, one of the daughters – Pattammal died only on 21.12.1981, during her lifetime, she never sought for her share to be declared and she also never questioned the enjoyment of the suit property, including alienations made by her two brothers. Ex.B2 also discloses the fact that there appears to have been some partition between the two brothers as separate patta has been issued in the name of Shanthagunam Pillai in Ex.B2, even in the year 1994 and in patta No.183, even earlier, patta in the name of Duraiswamy Pillai has been issued in the year 1986. Therefore, the properties have been enjoyed only by the two sons of Krishnasamy Pillai and the daughters have not raised any issue with regard to their enjoyment by claiming share in the said suit property. It is also seen from Ex.A12, which is a sale deed dated 06.06.2002, under which a portion of the suit property has been dealt with and admittedly, the sale deed was never challenged by any of the parties, including the plaintiffs. The said alienation is prior to the amendment of the Central Act, The Hindu Succession Act, by Amendment 39 of 2005. Therefore,
