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2017 Supreme(Mad) 950

C.V.KARTHIKEYAN
Michael Ammal – Appellant
Versus
M. Regina Celine – Respondent


Advocates Appeared:
For the Appellant : Ms. J.Maria RoCelinee
For the Respondent: Mr. K.K. Samy

Judgement Key Points

Key Points:- (!) (!) - (!) - (!) (!) - [21001237580011] (!) - [21001237580012] (!) - [21001237580016] (!)

What is the proper distribution of the suit property under the Indian Succession Act, 1925 when two wills exist but are not proved in accordance with law?What is the effect of proving or rejecting the competing wills on the division of property among the daughters and the surviving spouse (and her share) under sections 33 and 35 of the Indian Succession Act, 1925?What constitutes a valid will and how should it be proved under Section 68 of the Indian Evidence Act, 1872 in the context of a property dispute among Roman Catholics governed by the Indian Succession Act, 1925?


JUDGMENT :

The defendants in O.S.No.137 of 2009 on the file of the I Additional District and Sessions Judge (PCR), Tiruchirrappalli, aggrieved by the judgment and decree dated 07.09.2012 made in the said suit, have filed this appeal.

2. O.S.No.137 of 2009 had been filed by three sisters, namely, M.Regina Celine, M.Kamseeli and L.M.Josephine Mary. They were all daughters of late Michaelsamy and late Kitheri Ammal. Their mother Kitheri Ammal died on 13.10.1978. In 1979, their father Michaelsamy married the first defendant Michael Ammal and through them, the second defendant M.Martin was born. The plaintiffs and the defendants are Roman Catholics and the provisions of Indian Succession Act, 1925, apply to them. It had been stated that the plaintiff's father Michael Samy died on 01.02.1991. They stated that there was a Will, which was acknowledged by the first defendant on 10.03.1991, in front of two witnesses. It is seen from the date that the Will is after the date of death of Michael Samy. It had been stated that there was an earlier Will, which was registered on 13.05.1981.

3. According to the Will dated 10.03.1991, the property, which is subject matter of litigation, should be sold a









































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