(1.) Leave granted.
(2.) Arising out of a dispute pertaining to the execution of the alleged last Will and testament of one Thankam, this appeal challenges the final judgment and order dtd. 30/11/2022 in RFA No. 298 of 2019 passed by the High Court of Kerala at Ernakulam, that had in turn been preferred against the judgment and decree dtd. 18/2/2019 in O.S. No. 156 of 2015 delivered by the Principal Sub Court, Thrissur [ Civil Court].
(3.) The facts are that the Thankam was the mother of the plaintiff and defendant nos. 1, 2, 4 and 5 before the Civil Court. She died on 27/8/2011. The Civil Court records that as per the defendant-respondents herein Thankam had executed a registered Will as No.35 of SRO, Ollukara, dtd. 22/3/1999 and bequeathed her property to the abovementioned defendant - nos. 1, 2, 4 and 5. The plaintiffappellant herein had no knowledge of this Will and hence, upon her mother 's death, had filed a suit for partition. It was held that the Will could not be proved in accordance with Sec. 63 of the Indian Succession Act 1925 [ISA]. A preliminary decree was passed directing the suit property to be divided into 10 shares and the plaintiff-appellant being entitled to a 2/10th share.
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