Sudha v. Kanakam
Case brief
What is this about?
This appeal challenges a Will and the allotment of property shares. The High Court upheld the validity of the Will, finding it executed in compliance with statutory requirements, and dismissed the plea that equity demanded an allotment of a portion of a different property to the appellants.
What did the court decide?
The regular second appeal and all pending interlocutory applications stand dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
RSA.No. 682 of 2016 (F)
AGAINST THE JUDGMENT & DECREE DATED 09.02.2016 IN AS 128/2013 of II ADDL. DISTRICT COURT,PALAKKAD
AGAINST THE JUDGMENT & DECREE DATED 12.06.2013 IN OS 680/2010 of PRL.MUNSIFF COURT, PALAKKAD
APPELLANT(S)/APPELLANTS/RESPONDENTS NO. 6 & 7.:
- SUDHA
- W/O.LATE MOHANAN & D/O.KUTTIKRISHNAN, AGED 40,
- KALATHIL, MANIKKATH KALAM, NALLEPPILLI POST,
- CHITTUR TALUK, PALAKKAD DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the court below was justified in finding that the Will was attested and proved in strict compliance with Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act.
Whether the courts below considered equity and reservation in the allotment of shares to the appellants.
Whether the appellant was entitled to a portion of the house in A schedule property considering their living condition.
Parties & counsel
- appellant
Sudha
- appellant
Monish
- respondent
Kanakam
- respondent
Ramankutty
- respondent
Indira
- respondent
Case details
As recorded by the court registry
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