JUDGMENT

A suit for partition by the brothers of deceased husband of first defendant was contested on the basis of an alleged unregistered Will incorporated under an unregistered mortgage deed - Ext.B1. The mortgage was executed by her husband in connection with some money transaction in favour of one Sunny, by which provisions were also made so as to make a portion of the said document as a testament of the deceased. It is recited in the document that after the death of the executant husband, the entire property would go to his wife, the first defendant. She was given permission to take further loan from the abovesaid Sunny. A declaration was also incorporated so as to treat the said deposition as a Will of deceased husband, the executant. The trial court found the Will not genuine and decreed the suit granting preliminary decree for partition, against which, the first defendant wife came up in appeal.

2. There is no much dispute with respect to the respective shares entitled by the parties, if it is proved that the property was left out without any testament. There is no separate Will or testament executed by the deceased. The alleged Will infact was incorporated in Ext.B1 unregis