KUSAPPA BHIMAPPA AWATI Vs. KALLAPPA BHIMAPPA AWATI

JUDGEMENT

(1.) This is an appeal by the defendants.

(2.) Kallappa instituted a suit for a declaration that he was the exclusive owner of the suit property bearing CTS.No.1804/C-2 measuring 209 sq. yards situate at ward No.1 of Bijapur against his siblings. He claimed the said declaration on the basis of a registered Will executed by his mother Nagawwa on 3/1/2001. He also sought for a decree of injunction to restrain his siblings i.e., defendants from interfering with his possession and also for a direction to the authorities to delete the name of his siblings from the municipal records in respect of the suit property.

(3.) Kallappa contended that his mother Nagawwa, who was in actual possession of the suit property, had executed a registered Will in his favour. He stated that his mother was suffering from leprosy and was being looked after by him alone. He stated that his siblings did not like his mother due to her ailment and they had neglected to take care of her and as a result, his mother Nagawwa was living all along with him till her last breath. He stated that having regard to his relationship and also having regard to the fact that he was financially helping his mother, she had executed a registered Will in the presence of attesting witnesses on 3/1/2001 and at the time of execution of the Will, she was having the testamentary capacity to execute the Will. He submitted that his mother died on 5/1/2001 and as a consequence, the Will came into effect and he had succeeded to the property as its legatee. However, since objections had been raised by his siblings for mutation of the suit property, he was constrained to file the suit.