B. SUBHASHAN REDDY, J.

( 1 ) THIS Letters Patent Appeal raises two important questions of law as to (1) Whether making a provision for pocket expenses amounts to maintenance capable of enlarging into a fulfledged right under Section 14 (1) of Hindu Succession Act, 1956; and (2) Whether the defendant in a suit is obliged to prove the Will even in the face of admission of the Will by the plaintiff in the plaint.

( 2 ) THE facts briefly stated, thus, are: ramchander Rao and Venugopal, Rao were consanguine brothers. Laxminarayana was the son of Ramachandar Rao and he was adopted by Venugopal Rao i. e. , his junior paternal uncle as the latter had no issues. As the consent of his wife was necessary, Venugopalrao sought the consent of his wife Seethamahalaxmi. Venugopalrao thought it fit to secure the interests of his wife at the time of adoption of Laxminarayana so at to ensure that she does not suffer for her day-to-day expenses. As such, he executed registered settlement deed dated 15-1-1941 and simultaneously a registered deed dated 15-1-1941 evidencing the adoption of Laxminarayana. Disputes arose in the family after the adopted boy entered his adoptive parents family and the same c

Click Here to Read the rest of this document