E MADHAVI PALLIKKARAMMA Vs. K V PRABHAKARAN

JUDGEMENT

(1.) This appeal is on grant of special leave under Art. 136 of the Constitution of India.

(2.) The appellants have challenged the decision of the Division Bench of the High Court of Kerala confirming the grant of probate of Will as ordered by the trial Court. The respondents herein had filed original petition under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of an unregistered Will alleged to have been jointly executed by one Ummamma Amma and Kunhiraman Nair on 14-10-1966. Ummamma Amma died on 3-11-1966 and Kunhiraman Nair, the other co-testator died on 18-7-1978. The deceased were members of the Kunnath Tavazhi. Respondent Nos. 1 to 7 were members of a collateral branch of the Tavazhi while 8th respondent was maid servant and was dependent of the co-testator Kunhiraman Nair. Kunhiraman Nair was the manager of a school. He had several other properties. Under the will the school and its site had been bequeathed to respondents Nos.1 and 2. The other properties were given to respondents Nos. 1 to 7 with a direction to pay the 8th respondent an amount of Rs. 250/-. The caveator to the probate proceedings is the widow of Kunhiraman Nair. The husband of the other co-testator Ummamma Amma was stated to be alive when she died. He did not file any caveat.

(3.) After hearing the contesting parties the trial Court, in the light of the evidence recorded before it, came to the conclusion that the Will was proved and was not surrounded by any suspicious circumstances and hence granted the probate. The Division Bench of the High Court, after carefully re-appreciating the evidence, came to the same conclusion.