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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Premila Surendran, D/O.Late Sumathi – Appellant
Versus
Prasanna Chandran [Died] D/O Late Sumathi – Respondent
| Table of Content |
|---|
| 1. disputes regarding the existence and validity of multiple testamentary documents. (Para 1 , 2 , 3) |
| 2. applicability of mandatory probate requirements for wills in malabar district/former madras presidency. (Para 4 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. strict proof standards for wills, revocations, and burden to explain suspicious circumstances. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
C. Pratheep Kumar, J.
FACTS OF THE CASE: The 2nd defendant in O.S. 223 of 2004 on the file of the Subordinate judge's court, Thalassery, preferred this appeal, being aggrieved by the preliminary judgment and decree passed by the trial Court in the above suit for partition of some landed property situated within Kannur District, which was part of erstwhile Madras Presidency. The children of late Mr. Sumathi, who died on 02.10.1990, are the plaintiffs 1 to 4 and defendants 1 and 2 in the suit. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial Court).
2. According to the plaintiffs, late Sumathi
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