MEENAKSHI AMMA Vs. MADHAVI AMMA

JUDGEMENT

(1.) Which of the two Wills alleged to have been executed by Nanikutty Amma who died issueless is legal and valid in law? The issue needs to be resolved in the context of Sec. 63 of the Indian Succession Act, 1925 and Sec. 68 of the Indian Evidence Act, 1872.

(2.) The plaint schedule property of extent 5.53 acres is admittedly the self-acquisition of Nanikutty Amma under Ext.A1 sale deed. Nanikutty Amma died on 31.7.1991 leaving behind her two sisters by name Meenakshi Amma (the plaintiff) and Madhavi Amma (the first defendant). One another sister by name Devaki Amma who was a spinster had died even earlier on 6.1986. The plaintiff relied on Ext.A4 Will dated 27.11988 whereas the defendants relied on Ext.B1 Will dated 11197 The legatees under Ext.A4 Will by Nanikutty Amma are the plaintiff and the first defendant who take the property in equal shares. The legatees under Ext.B1 Will by Nanikutty Amma are the first defendant and Devaki Amma who take the property in equal shares.

(3.) Defendants 2 to 5 are the children of the first defendant and defendants 6 and 7 are the children of the deceased second defendant. The plaintiff died pending Appeal Suit and her legal heirs are the second appellant and respondents 9 to 12 herein. The plaintiff was examined as PW.1 and the attesting witness to Ext.A4 Will was examined as PW.2 in support of the plaint claim. The first defendant was examined as DW.1, a neighbour as DW.2 and the attesting witness to Ext.B1 Will was examined as DW.3 in defence.