MADHWAPATHI VENKATAKRISHNA RAO Vs. PANDITHA NARASUBHAI
LAWS(APH)-1954-7-7
HIGH COURT OF ANDHRA PRADESH
Decided on July 08,1954

Madhwapathi Venkatakrishna Rao Appellant
VERSUS
Panditha Narasubhai Respondents

JUDGEMENT

Chandra Reddy, J. - (1.) THIS is an appeal against the order of the District Judge of East Godavari at Rajamundry dismissing a petition for the grant of a succession certificate.
(2.) THE appellant claiming to "be a legatee under a registered' will executed by one Achakkamma filed an application for the grant of a succession certificate for the sum of Rs. 6,000/ -, the amount of legacy under the will. He also put forward the case that he was the adopted son of Achakkamma, but we were not concerned with that question in this enquiry. This was opposed by the first respondent, the maternal grandfather of the said Achakkamma, and the second respondent who claimed to be the nearest reversioner to the estate of Achakkamma's husband. The objection raised on behalf of these respondents was that the will was not executed by the said Achakkamma while in a sound and disposing state of mind and that even otherwise she had no testamentary capacity in respect of this amount.
(3.) THE learned District Judge without going into any of the questions raised, dismissed the petition contenting himself with the observation that it raised very many complicated questions of law and fact. It is against this order that this appeal is filed.;


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