ANNAMMA J. VITHAYATHIL Vs. DR. JOSEPH VITHAYATHIL

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. The respondent though served with notice, did not choose to engage the counsel and hence this Court vide order dtd. 15/7/2024, held service of notice against the respondent as sufficient.

(2.) This petition is filed under Sec. 263 of the Indian Succession Act, 1925 read with Sec. 151 of CPC, praying this Court to revoke and annul the probate and set aside the order dtd. 12/11/2013 passed by this Court in Probate C.P.No.8/2013 and grant such other relief as deemed fit in the circumstances of the case.

(3.) The factual matrix of the case of the petitioners pleaded before this court is that petitioner No.1 is the wife of the testator. Petitioner No.2, the respondent and Dr. Kurian Joseph Vithayathil are the children of late Joseph Vithayathil (testator). The testator expired on 1/1/2008 at Ernakulam leaving behind four heirs, namely, the petitioners and the respondent. In the year 2012, the petitioners came to know of a Will executed by the testator dtd. 12/5/1995 at Bangalore, bequeathing the properties in the name of the petitioners and the respondent. The copy of the Will is produced as Annexure-B and in terms of the said Will, the testator bequeathed absolutely and unconditionally all properties and assets mentioned in clause 3(a) to (d) and 3(g) along with pension benefits mentioned in 3(e) and (f) to petitioner No.1. It was further stipulated in the said Will that petitioner No.1 would be entitled to all assets and properties arising therefrom. Petitioner No.1 was also given absolute right to dispose immovable properties in the manner she deems fit. The respondent herein was appointed executor under the Will dtd. 12/5/1995.