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1987 Supreme(Ker) 337

M.M.PAREED PILLAY
V. K. Kamalam – Appellant
Versus
Panchali Amma – Respondent


Advocates:
A.P. Chandrasekharan, for Petitioner; P. Devakikutty, for Respondents Nos. 3 and 4; Panchali Amma and Janaki
Amma, in Person.
Judgement

ORDER :-

Revision petitioner is the petitioner in O.P. No. 64 of 1977 of the Sub-Court, Palghat. She filed the petition under Section 372 of the Indian Succession Act for the grant of a Succession Certificate enabling her to collect the family pension, death cum-retirement gratuity, balance of provident fund and the amount in the S.B. account due to the estate of deceased V.K. Raman Nair. The Sub-Judge dismissed the petition holding that the petitioner has not succeeded in establishing the genuineness of Ext. A37 Will. Petitioner filed C.M.A. 57 of 1981 before the District Court, Palghat, The District Judge confirmed the order of the Sub-Judge and dismissed the appeal.

2. Petitioner is the niece of deceased V.K. Raman Nair. Respondents 1 to 3 are the sisters of the deceased. Second respondent is the mother of the petitioner. Of the respondents the 4th respondent alone contested the proceedings. Claiming herself to be the wife of Raman Nair disputed the genuineness of the Will.

3. As the genuineness of the Will is disputed the burden is squarely upon the propounder of the Will to prove it. Petitioner's contention is that Ext. A-37 Will is the last testament of Raman Nair and in view o











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