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KERALA HIGH COURT
P. Bhavadasan, J.
Venugopalan P. A. and Others v. P. A. Gouri
| Table of Content |
|---|
| 1. question regarding genuineness of codicil. (Para 1) |
| 2. background on the wills and bequests. (Para 2 , 3) |
| 3. trial court's findings on the codicil's execution. (Para 4) |
| 4. appeal raises questions on the courts' findings. (Para 5 , 7) |
| 5. consideration of codicil's proof. (Para 6) |
| 6. arguments about the suspicious circumstances. (Para 8 , 10 , 11) |
| 7. discussion on the validity of attesting witnesses. (Para 12 , 14 , 15) |
| 8. codicils and their relation to wills. (Para 16 , 20) |
| 9. standards for proving execution of wills/codicils. (Para 21 , 22 , 24) |
| 10. case assessments regarding evidence of attestation. (Para 26 , 28 , 30) |
| 11. impact of lack of proof on legal conclusions. (Para 31 , 32 , 41) |
| 12. final judgment and dismissal of appeal. (Para 39 , 42) |
1. A short but interesting question regarding the genuineness of a codicil arises for consideration in this appeal. Both the courts below held that codicil has not been proved as required under law and held against the defendants and granted a decree for partition in favour of the plaintiff. The aggrieved defendants have come up in appeal.
2. The facts absolutely necessary for the disposal of this appeal are as follows:
The plaintiff
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