2006 Supreme(Ker) 731

Judges : K.S.RADHAKRISHNAN,V.RAMKUMAR
Jose - Appellant
Versus
Ouseph - Respondent
Case No : M.F.A.No.34 of 1996
Decided On : 11/08/2006
Advocates Appeared :
For the Appellant: P. Vijayabhanu, Advocate. For the Respondents: T.M. Raman Kartha, C.D. Jose, Advocates.

Headnote:

Succession Act 1925 - Section 67 - Can presumption that a legacy to an attesting witness is void under S.67 of Indian Succession Act be rebutted by legatee establishing that he had signed the will not as an attesting witness but acknowledging the obligations he has to discharge under the will, is the question that has come up for consideration in this case - Held, Court may hasten to add that the Will was executed and registered in the year 1957 and the testator died on 19.1.1989. Suit was filed in the year 1993 after several years - Almost half a century is over since the execution of the Will and the parties have settled down in their life and to unsettle the Will at this distance of time would cause considerable injustice to the parties; especially when all the parties have accepted the Will except the first defendant - Court find no reason to take a different view from that of the court below - C.M.P. Dismissed - Appeal Dismissed