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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
VIJAYAN, S/O. DEVADASAN, THENVILA PUTHEN VEEDU, PULLATTUVILA, AYIRA KARODE DESOM, THIRUVANANTHAPURAM – Appellant
Versus
APPUKUTTAN @ PALRAJ, S/O.THANKAYYAN, KUNJUVEETTUVILA, PUTHEN VEEDU, VENGADAMPU, KULATHUR VILLAGE, THIRUVANANTHAPURAM – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments on inheritance rights post-murder. (Para 3 , 7 , 11) |
| 3. court's examination of law applicability. (Para 4 , 8 , 9) |
| 4. introduction of slayer rule applicability. (Para 12 , 13 , 24) |
| 5. precedents supporting slayer rule rationale. (Para 14 , 15 , 16 , 21 , 22) |
| 6. limitations of the indian succession act. (Para 18 , 19) |
| 7. final judgment and decree issued. (Para 25) |
J U D G M E N T
The plaintiff in OS No.1125/1999 on the files of the Additional Munsiff’s Court-II, Neyyattinkara, a suit for declaration and injunction, has come up in the present appeal, aggrieved by the concurrent findings rendered against her. In this appeal, this Court is called upon to consider the applicability of the ‘Slayer Rule’, a common law doctrine to the Indian Law, especially when the parties are governed by the Indian Succession Act , 1925.
2. The brief facts necessary for the disposal of the appeal are as follows:
Plaintiff’s daughter and the defendant were married on 14.11.1996 as per the custom prevailing among the Christian Community. Prior to the marriage, the plaintiff along with her son, Vijayan, executed a settlement deed dated 23.
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