MISHRA, SWAMIDURAI
E. S. R. Packirisamy Pillai – Appellant
Versus
Vijayalakshmi and another – Respondent
Mishra, J.
One Sundaram Pillai executed a Will Exs.A-1 and B-1, on 14. 1937, on the day the Hindu Women’s Right to Property Act, 1937, came into force, disposing of his properties including the suit property, which is item 8 of A Schedule property in Ex.B-1. The relevant will recitals are as follows:
"Will executed this 14th day of April, 1937 by Ko.Rama Sundaram Pillai, son of Ko.Ram Badra Pillai of Vadakku Pogainallur, Nagapattinam Taluk, out of free will and in a sound disposing state of mind. I have become very aged. I am suffering from diabetes for some time and day-by-day I am becoming lean and weak and I have no faith that I will live long. I want to make arrangement in respect of all the movables/immovable properties owned by me and I am making this arrangement out of free will. The entire properties described in the Schedule below including "E’ Schedule and "P" Schedule properties and the outstandings due to me were all myself- acquired properties and I am owning them exclusively. There is no other person entitled to the same. I have my third wife Soundaraththammal. I have no other heirs. Therefore my obsequies/ceremonies shall be performed by my divided brother
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