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2021 Supreme(Ker) 514

N.ANIL KUMAR
Prabhakumari D/o Late Ambikakumari – Appellant
Versus
S. Mohanarajan S/o Late Sadasivan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Shabu Sreedharan, Sri. Nitin Rajan Nair, Smt. U. Radhika, Sri. Unais K.P. and Sri. Jobin Jose P.
For the Respondent: Sri. P.M. Sathish.

JUDGMENT :

N. ANIL KUMAR, J.

1. This appeal is directed against the judgment and decree dated 31.10.2019 in A.S. No. 86/2018 on the file of the Additional District Court-II, Kollam (hereinafter referred to as ‘the first appellate court’) which arose out of the judgment and decree dated 12.4.2017 in O.S. No. 772/2014 on the file of the Additional Munsiff's Court, Kollam (hereinafter referred to as ‘the trial court’). The plaintiffs are the appellants. The parties are hereinafter referred to as described in O.S. No. 772/2014 unless otherwise stated.

2. Brief facts of the case necessary to be noted for deciding this appeal are as under:-

    The plaintiffs and defendants 1 and 2 are the children of Sadasivan and Ambikakumari. On 28.10.1998, Sadasivan and Ambikakumari jointly executed a registered Will in favour of the defendants 1 and 2 in respect of an area of 4.07 Ares of property. There was a clause in the said Will to the effect that on the death of one of the executants, the other shall get the absolute right over the said property and has the liberty to alienate the property or to cancel the said Will in whole or in part or to execute a fresh Will. Sadasivan died on 26.8.1992. Subsequen

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      Judicial Analysis

      No cases in the provided list are explicitly identified as overruled, reversed, or treated as bad law. None of the descriptions indicate a negative judicial treatment or explicit mention of overruling or reversal. Therefore, there are no cases to categorize as bad law based on the information given.

      [Followed]

      K. S. Palanisami (Dead) Through Lrs. VS Hindu Community In General And Citizens Of Gobichettipalayam - 2017 3 Supreme 35: "A Will should be construed in accordance with intention of the testators which can be inferred from the language of the Will itself."

      * This case appears to state a principle of law that is likely foundational and generally followed in subsequent cases concerning Will construction.

      Bhagat Ram VS Suresh - 2004 1 Supreme 451: "Same rules of execution are applicable to a codicil which apply to a Will to which the codicil relates, so also, the evidence adduced in proof of execution of a codicil must satisfy the same requirements as apply to proof of execution of a Will."

      * This case sets out a clear legal principle regarding the execution of codicils, which is a standard principle likely followed.

      [Distinguished or Clarified]

      Benga Behera VS Braja Kishore Nanda - 2007 0 Supreme(SC) 751: "The burden of proof of the due execution of a Will lies on the propounder, and compliance with legal formalities is not sufficient when there are suspicious circumstances. The propounder must remove any suspicion by leading appropriate evidence, and the court must not ignore suspicious circumstances and should not close its mind to finding the truth."

      * This case emphasizes the burden of proof and the importance of suspicious circumstances in Will cases, which aligns with established legal principles and likely serves as a guiding authority rather than being overruled.

      [Legal Principles]

      Madhukar D. Shende VS Tarabaiaba Shedage - 2002 1 Supreme 83: "The Courts below adopted an approach not permitted by law in holding that the impugned Will was not proved."

      * This case seems to criticize or highlight a mistake in the approach of lower courts, reinforcing the correct legal approach rather than overruled or bad law.

      All cases appear to be presented as statements of legal principles or observations about procedural correctness. There is no explicit indication that any of these cases have been overruled, reversed, or otherwise discredited. The treatment of each case seems to be consistent with standard legal principles, and no ambiguity or conflicting treatment is evident from the descriptions provided.

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