claiming partition of
properties including the suit schedule property herein by
contending that the suit schedule property was also joint
family property of late Singrappa ... denied that Smt.Jayarathna executed
a registered Will dated 01.02.2014 bequeathing the suit
property to plaintiff/Ramakrishna Math. It is contended
that the said Will
Math and Matadhipathi are involved in litigation.
The plaint averments disclose that the Math derives considerable income from fairly extensive moveable and immoveable properties possessed ... held that a person who is in possession of the property will be a proper party to the suit under Section
Danayya Math had three children
namely, Sri. Gurulingayya Math, Sri.Sidramayya Math
and Smt. Bhagirathi Bai. The above said
Sri.Gurulingayya Math was married ... Danayya Math had three
children namely, Sri. Gurulingayya Math,
Sri.Sidramayya Math and Smt. Bhagirathi Bai. The
above said Sri. Gurulingayya Math was married
construct Math at Kolhar; only to defraud public,
he came to Kolhar and made villagers to believe that he will
construct Math and made plaintiff ... defendant No.2 will not get any right over the property. The
plaintiff has given property only for construction of Math. If
Government
executed a
registered Will on 23-6-1977 and appointed this
plaintiff as a successor to manage the suit land
and other properties and later ... suit
land and other landed properties of the Math.
Ex.P-40 copy of the original Will shows that the
said great grandfather Channabasava
Mahaswami
executed a
registered Will on 23-6-1977 and appointed this
plaintiff as a successor to manage the suit land
and other properties and later ... suit
land and other landed properties of the Math.
Ex.P-40 copy of the original Will shows that the
said great grandfather Channabasava
Mahaswami
clear that the appellant Math was never treated as the owner of the suit properties. The appellant Math also cannot be treated as a trustee ... property, the question of properties reverting back to her also will not arise. Following the death of Basavaraj Swamiji on 16.8.1970, until the plaintiff Math
Will-
Requirements- Document called will not
disposing of properties but only appointing
successor to office (Mahant of Matha)-
Document does not constitute Will ... document though called a will
does not deal with any property, it will not be
given effect to as a will, although it may
operate
personal
property of defendant No.1, since the property under
the Will was always and will always be under the
ownership of the Math
property bearing C.T.S. No.2355
was the ancestral property of Rachota Swamy Guru
Annadana Swamy Viraktamath. He bequeathed this
property under a Will ... successor of the Math. The said Will contained a
stipulation that the bequeathee had no right to transfer or
alienate the property bequeathed
