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1985 Supreme(Ker) 19

M.P.MENON, K.BHASKARAN
Fatima Sarohini Suresh – Appellant
Versus
K. Saraswathi Amma – Respondent


Advocates:
P. Sukumaran Nair, A.K. Chinnan and S. Soman, for Appellants; R. Krishnan Nair, P.S. Biju, T.R.G. Warriyar and R. Girijamma, for Respondents.

Judgement

M.P. MENON, J. :- The short but interesting question in these two appeals is about the construction of Ext.A2 settlement.

*[ * * *]

2. One Walter Rose died on 24-6-1969 leaving behind his widow Mabel, two sons Suresh and Mahesh, and two daughters Hasheela and Jamila. Under the Travancore Christian Succession Act all the. five were entitled to shares in the properties of the deceased, with the difference that the share of the widow would be limited to a life interest, the remainder devolving on the others on her death. Instead of effecting a partition on the above lines, however, Mabel and her children entered into Ext.A2 agreement on 1-9-1969 settling the properties in a different manner. Mabel was not interested in getting her share; the properties were therefore divided into four equal shares, scheduled as A, B, C and D. The Items in B, C and D schedules were set apart absolutely to Mahesh, Hasheela and Jamila respectively. A-schedule allotted to the eldest son Suresh consisted of two items. The first (13 cents) was to be retained by Mabel, with a right to take its income, till the marriage of the youngest daughter Jamila; and after her marriage, Suresh was to step into hi



















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