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2017 Supreme(Ker) 606

B.KEMAL PASHA
Mary Chacko – Appellant
Versus
Rinoy Martin represented by Guardian-Cum-Uncle Pauly Joseph – Respondent


Advocates Appeared:
For the Appellant : Raju Sebastian Vadakkekkara, S. Krishna Kumar (Mangalam)
For the Respondents: Dinesh R. Shenoy, Ebin Mathew

JUDGMENT :

1. When two independent bequests are created in a Will in respect of the very same property, and when the said two bequests are totally irreconcilable, which one will prevail?

2. Late Chacko had executed Exhibit-A6 registered Will in respect of his properties, in the year 2001. In the first portion of Exhibit-A6 Will, it seems that he had made a bequest in respect of the properties scheduled in the Will, in favour of his wife Marykutty Chacko, who is the 1st defendant. Along with that bequest, a condition was incorporated that in case, any property is left behind after the death of the testator and the 1st defendant, the same shall devolve on their only son Martinmon. At the later part of the very same Exhibit-A6 Will, the testator again made an independent bequest to the effect that all his properties then in presenti and in futuro shall absolutely devolve on his son Martinmon on the death of the testator. The testator predeceased Martinmon. Thereafter, Martinmon also died on 20.03.2007, leaving the plaintiff as his only son. The plaintiff was then a minor. The mother of the plaintiff is mentally ill and incapable of taking care of herself and to look after and maintain t































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