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1995 Supreme(SC) 874

V. M. Mathew – Appellant
Versus
V. S. Sharma – Respondent


Advocates:
M.K.D.NAMBUDIRY, M.T.George, MALINI PODVAL, P.S.POTI, R.SHOBA, S.PRASAD RAO, T.L.VISHVANATHA IYER

JUDGMENT

K. Ramaswamy, J.

1.Special leave granted.

2. This appeal by special leave is filed against the order dated November 16, 1994 of the Division Bench of the Kerala High Court in CRP No. 547 of 1994. One V. S. Annama, sister of the appellant was alleged to have executed a Will on September 15, 1976, and said to have bequeathed her properties to respondent Nos. 1 and 2. The appellant is one of her brothers. Respondent No.1 is the sister and the second respondent is the son of the first respondent. On sudden demise of Annamma, respondent Nos. 1 and 2 filed L. A. O. P. No. 143 of 1980, in the Distric Court, Ernakulam under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration in respect of the estate of deceased Annamma and annexed the copy of the Will thereto.

3. The appellant had objected to the grant of letters of administration disputing the validity and genuineness of the Will and also for failure to implead necessary and proper parties therein. One of the testators, by name Kurian, was examined as P. W. 1. Though the trial Court dismissed the application on merits holding that the Will was not genuine and also on the ground of non-joinder of the
















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