MIRZA RAJA SHRI PUSHAVATHIVIZIARAM GAJAPATHI RAJMANNE SULT vs SHRI PUSHAVATHI VISWESWARGAJAPATHI RAJ & ORS.

The Supreme Court held that immovable properties subsequently acquired and incorporated into an impartible estate remain impartible under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, specifically Section 18(4). The court established that the holder of an impartible estate can incorporate self-acquired immovable property into the estate, which then accrues all incidents of the estate, including the custom of descent by primogeniture. The judgment clarified that while the theory of incorporation does not apply to movable property, the power to alienate the estate exists unless restricted by family custom or tenure conditions.