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1974 Supreme(Ker) 117

G.VISWANATHA.IYER, K.K.NARENDRAN
ITTOOP VARGHESE – Appellant
Versus
POULOSE – Respondent


Judgment :-

1. These two appeals arise out of two petitions filed under S.278 of the Indian Succession Act praying that Letters of Administration may be issued under the above Act. One Pavu Ittoop died on 9 91964. He was survived by three sons, three daughters and his widow. The eldest son Varghese claimed in O.P. 7 of 1965 that Letters of Administration with copy of the will dated 14 31960 executed by the deceased Pavu Ittoop may be issued to him. The second son Poulose filed O.P. 10 of 1965 praying that Letters of Administration with the copy of the will dated 3 31964 may be issued to him. The proper execution of the will dated 14 31960 is admitted by all the parties. But, the petitioner in O.P. 10 of 1965 contended that the will dated 14 31960 stood cancelled by the will dated 3 31964 and therefore Letters of Administration cannot be issued under the earlier will. The testamentary validity of the latter will was questioned by the eldest son Varghese. The lower court tried these two petitions jointly, found that the second will has been properly executed and therefore dismissed O.P. 7 of 1965 and ordered the issue of Letters of Administration with the copy of the will dated 3 319
















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