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2025 Supreme(Online)(Ker) 58556

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
BALAKRISHNAN NAIR – Appellant
Versus
GOURI AMMA (DIED) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.A.JAYASANKAR, SRI.MANU GOVIND, SRI.SUNDARAM GOVIND, SHRI.S.SABARINADH
For the Respondents: SHRI.G.RAJAGOPAL

Table of Content
1. facts regarding property ownership and legal claims. (Para 2)
2. arguments presented by both parties regarding will validity. (Para 3 , 4 , 5 , 6)
3. court observations and application of relevant laws. (Para 7 , 8)
4. court's reasoning in validating or invalidating the will based on evidence. (Para 9)
5. final decision regarding the partition suit. (Para 10)

J U D G M E N T

The 2nd defendant in a suit for cancellation of document and for partition has come up with this appeal questioning the concurrent findings rendered by the courts below.

2. The brief facts necessary for the disposal of this appeal are as follows:-

The 1st respondent / plainti cancellation of document and for partition, contending that the extent of 61 cents belong to her father and mother is open for partition. Originally the property belong to the father of the plaintiff and the defendants as per the document Nos.3538/1959 and 1276/1959 of Perumbavoor SRO. Later, the mother also derived right title and interest over a 20 cents as per document No.3413/1963. The plaintiff being the daughter was excluded from the shares, when her father and mother executed a registered gift dee

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