Back
SHIVASHANKAR AMARANNAVAR
Rangaswamy – Appellant
Versus
Jayalakshmi – Respondent
JUDGMENT/ORDER
1. This appeal is filed praying to set aside the judgment and decree dtd. 31/1/2013 passed in RA No.146/2012 by the Principal District and Sessions Judge, Mysuru ('First Appellate Court' for short ) and confirm the judgment and decree dtd. 6/3/2012 passed in O.S. No.1370/2007 by the First Additional Senior Civil Judge, Mysuru ('trial Court' for short).
2. The appellant-Sri. Rangaswamy was defendant No.2, the Respondent No.1-Jayalakshmi was the plaintiff and Respondent No.2-Smt. Sakamma, Respondent No.3- Bhagyamma and Respondent No.4-Sri. K.A. Ramaiah Reddy were Defendants No.1, 3 & 4 respectively in OS No.1370/2007.
3. The parties will be referred to as per their rankings in the trial Court.
4. The plaintiff-Smt.Jayalakshmi has filed a suit for partition and separate possession of her 1/4th share in the suit schedule properties. There are two items of the suit schedule properties. One is an agricultural land bearing Sy. No.24/P8 measuring 4 acre 10 guntas situated at Yelachahalli Village, Yelawala Hobli, Mysuru Taluk, and another is a Mangaluru Tiled House measuring 20ft.x30ft.
5. It is the case of plaintiff-Smt. Jayalakshmi before the trial Court that, the plaintiff
The bequeath made by a person belonging to Scheduled Caste of the granted land does not amount to 'transfer' and is not prohibited under Sec. 4 of the PTCL Act. The bequeath of land under a Will does....
A registered Will, executed in accordance with legal requirements, is valid and can determine the distribution of property, overriding claims for partition based on joint possession.
The property inherited under Section 15 (2)(b) of the Hindu Succession Act is absolute property, not coparcenary property, and the admission of a Will by the testator in a previous suit can be suffic....
The court emphasized the necessity of proving a Will through independent witnesses and upheld the validity of a release deed executed by the plaintiff, leading to the dismissal of her claims.
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
