C.P. FRANCIS Vs. C.P. JOSEPH

JUDGEMENT

(1.) Leave granted.

(2.) CR Pius and Philomina Pius possessed, as absolute owners, an extent of 7.875 cents of property in survey no. 60/6 of Elamkulam village and 3.233 cents in survey no. 60/6 of Elamkulam village, Kanyanoor Taluk, Ernakulam District, as described in plaint A and B schedules. On 24/11/2004, CR Pius died. On 27/11/2008, Philomina Pius died. The children/grandchildren of Pius and Philomina are the parties to the present litigation, and their genealogy is illustrated as follows: <IMG>JUDGEMENT_10_LAWS(SC)9_2025_1.jpg</IMG>

(3.) On 15/12/1999, Philomina Pius executed a registered settlement deed in favour of CP Sebastian/Fourth Plaintiff, whereunder, she has settled an extent of 4 cents out of 7 cents in favour of the fourth plaintiff and retained 3.235 cents (Plaint B Schedule). Pius, admittedly, has been the absolute owner and possessor of Plaint A schedule property. On 27/1/2003, CR Pius and Philomina Pius executed the registered joint will in favour of CP Francis/Appellant for the Plaint A and B schedule properties. Antony (DW6), husband of Kavitha Antony/Defendant No. 3, and Ponsy (DW5), wife of Appellant, have subscribed their signatures as attestors. The salient features of the will dtd. 27/1/2003 are noted as follows: