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2016 Supreme(Ker) 150

ANTONY DOMINIC, A.HARIPRASAD
P. C. Sebastian – Appellant
Versus
P. C. Chacko – Respondent


Advocates:
Advocate Appeared:
Sri. S.K. Brahmanandan
R5 & R6 Sri. Dinesh R. Shenoy, R3 & R4 Sri. T.N. Raman Kartha & Sri B. Reghukumar

JUDGMENT :

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














































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