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2007 Supreme(SC) 1370

S.B.SINHA, HARJIT SINGH BEDI
Savithri – Appellant
Versus
Karthyayani Amma – Respondent


JUDGMENT:

S.B. SINHA, J -

1. Leave granted.

2. The question involved in this appeal is the validity of a Will dated 07.08.1971 executed by one Sankaran Nair.

3. For the sake of convenience, the genealogical table may be noticed at the outset :

Krishnan Nair(brother) Kochukutty @ Kuttipenamma [Died unmarried in 1971] [sister] [Dead]

Sankaran Nair [Died in 1978] Nanikutty Amma [Dead]

Madhavan Nair D-1 D-2 | D-3 to D-8

4. The properties in suit were purchased by Krishanan Nair and Kochukutty @ Kuttipennamma, mother of Respondent Nos. 1 and 2 and grandmother of Respondent Nos. 3 to 8 herein. Krishnan Nair was a bachelor. Kochukutty had two children, Sankaran Nair and Nanikutty Amma. They were governed by Marumakkattayam School of Law. Appellants herein are wife, son and daughters of Madhavan Nair son of Sankaran Nair (Plaintiff). Respondent Nos. 1 and 2 herein (Original Defendant Nos. 1 and 2) and Respondent Nos. 3 to 8 herein (Original Defendant Nos. 3 to 8) are children and grandchildren respectively of Nanikutty Amma (sister of Sankaran Nair). Sankaran Nair died in 1978. Indisputably, the relationship between Sankaran Nair and his wife was strained.














































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