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2022 Supreme(Online)(KER) 24854

HIGH COURT OF KERALA
HARIDASAN – Appellant
Versus
NARAYANANKUTTY – Respondent


JUDGMENT

Dated this the 4th day of July, 2022 A suit for partition ended in dismissal in the trial court based on the finding that the registered Will, Ext.B1 left out by the father Sankara Gupthan with respect to the properties is genuine and valid, against which the plaintiff came up in appeal. Altogether three schedules are there in the plaint as A, B and C. A schedule is the nine items of immovable property. B schedule is the movables and C schedule is the debt, pronote and securities left out by the testator, the father of plaintiff and defendants 2 to 7 and the husband of first defendant. He passed away on 27/4/2001. Ext.B1 is the registered Will dated 26/3/1997, in which the plaintiff was excluded from inheriting the property. The attesting witness examined deposed in tune with the requirement under Section 63 of the Indian Succession Act. Nothing was brought out to discredit his evidence. The document was alleged to have been executed on 26/3/1997 at 3 p.m. at the office of scribe and signed by two attesting witnesses who affixed their respective signatures in the presence of testator. It is also recited in the document. At the time of registration, the testator was introduc

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