N.P. Saseendran vs N.P. Ponnamma on 24 March, 2025
1
2025 INSC 388
Will
dated 10.08.1976, the entire Plaint Schedule Properties were
bequeathed in the name of Gouri Ponnamma. The District
Court, Thiruvananthapuram, granted Letters of Administration
with ... mother had executed Ext.X5/B1 Will dated
30.10.1982 bequeathing all her properties and assets, including
her bank deposits and other amounts
along with him.
She therefore claims that under the Will, Dr Bharucha
bequeathed the subject premises to her. Hence, she claims
to have become ... proposition of law, where it is held that tenancy rights cannot
be bequeathed if there is a bar.
11. Learned counsel for the applicant also
which right, title and interest in the subject property had been
bequeathed to each of the five children equally by the testator ... make a Will of my above said property. I hereby
devise and bequeath that the said property shall devolve on my legal
heirs as under
with their sons Victor and Neville.
However, the Appellant's mother bequeaths the suit property being
the subject matter of the probated Will ... executed her last Will and Testament. According to the said Will, she
bequeathed all her movable and immovable property as she would
possess
confidence by his service and care to her
and for that she bequeathed the suit land as mentioned in schedule ... registered Will specifically in the schedule, the testator expressed her
opinion regarding bequeathing of property and in view of the said
Page
Shanti Devi also executed
a Will on 23.12.1995, bequeathing her share of the HUF properties in
favour of defendant nos. 3 and 4. Thereafter ... professed to be the sole owner of the Kothi
and bequeathed the said property in favour of defendant nos. 3 and 4.
13. The operative
Will on 09.09.2010 in favour
the minor 8th and 9th defendants and bequeathed the Item No.3 (Survey
No.159) and sub item ... defendant had died leaving
behind two minor children, and the property bequeathed under the Will is
situated adjacent to the property of the deceased Baskaran
2024
and the other dated 25.07.2001 whereby he bequeathed his
ancestral as well as self-acquired properties amongst the parties
to the suit ... cannot
claim partition of property already disposed of, partitioned or
bequeathed by testamentary disposition prior to 20.12.2004.
32. Now coming to the facts
father-Mallappa, 1/3rd share of
Kadappa would also stand bequeathed in favour of Kenchappa,
the plaintiff herein, vide unregistered 'Will' dated ... further stated that as Kadappa had special love
and affection towards plaintiff, bequeathed his 1/3
share in favour of plaintiff by executing