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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.SOMARAJAN, J
RAVEENDRAN NAIR SON OF NARAYANAN NAIR – Appellant
Versus
RAMAN NAIR SON OF NARAYANAN NAIR – Respondent
| Table of Content |
|---|
| 1. legal basis for disputing will validity. (Para 1 , 2) |
| 2. court's decision on the contested will. (Para 3 , 4) |
| 3. issues regarding attestation and witnessing. (Para 6 , 7) |
| 4. requirements of the indian succession act. (Para 8 , 9) |
| 5. conclusion and remand for further proceedings. (Para 10) |
JUDGMENT
The appellant, the defeated plaintiff in O.S.No.22/1991 of the Munsiff's Court, Kanjirapally, and in A.S.No.273/1995 of Addl. District Court, Kottayam, came up with this appeal.
2. The dispute centered around execution of three Wills Exts.A1, A2 and A4 left out by the father of plaintiff. In Ext.A1, the plaintiff is the sole legatee regarding the plaint schedule property. In Ext.A2 there is some modification. In Exhibit A4 Will, an entirely different deposition was made by the testator, hence under challenge. The plaintiff sought declaration that Exhibit A4 Will is invalid, and for declaring his title over the plaint schedule property based on Exhibit A1 Will. A permanent prohibitory injunction was also sought.
3. Both the Trial Court and the First Appellate Court rejected the contention raised by the plaintiff, but upheld the contention of first defendant and found that Exhib
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