ANTONY DOMINIC, A.HARIPRASAD
P. C. Sebastian – Appellant
Versus
P. C. Chacko – Respondent
Hariprasad, J.
Maliyekkal Rosamma, ("the testatrix", hereinafter), executed Ext.B3 Will well before her mundane existence ended. What were her intentions at the time of executing Ext.B3? Whom did she intend to benefit ultimately? Was it her husband Chacko @ Kunjacko or her son Sebastian (1st defendant)? Did she intend to confer an absolute right on her husband, including the power to make a testamentary disposition over the property included in Ext.B3 Will? If that be so, was the right given to the 1st defendant, as per Ext.B3, only a chance to succeed? What is the legal effect of Ext.B2 Will, the one executed by husband of the testatrix? Answers to these intricate questions will resolve the issues. Primarily, a proper construction of Ext.B3 is called for in this case.
2. Relevant facts are thus: The suit is for partition of A schedule immovable property and B schedule cash deposits. 1st defendant is the appellant. Plaintiff and other defendants are the respondents. Plaintiff and defendants are brothers. Admittedly, their mother Rosamma predeceased her husband. Their father Chacko died on 17.06.1997. In the plaint, no mention of Ext.B2 or Ext.B3 has been made. According to
Rajan v. Sadanandan (2004 (3) KLT 124)
Ramachandra Shenoy v. Mrs. Hilda Brite (AIR 1964 SC 1323)
Neettiyath Parukutty Amma v. Puthiyedath Parukutty Amma (AIR 1999 Ker. 236)
Navneet Lal v. Gokul (AIR 1976 SC 794)
H. Venkatachala Iyengar v. B.N. Thimmajamma and others (AIR 1959 SC 443)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.