SYAMALA Vs. A RAVINDRANATH AND ORS

JUDGEMENT

(1.) The petitioner herein, respondents 1 to 5, 9 to 13 and late B.Unnikrishnan, the predecessor-in-interest of respondents 6 to 8, are the children of late A.Devaky Amma, who passed away on 20.6.2008. On 20.9.2010, respondents 1 to 3 herein as petitioners filed Probate O.P.No.929 of 2010 joining the petitioner herein and respondents 4 to 13 as respondents, under section 276 of the Indian Succession Act, 1925 wherein they prayed for the grant of probate in respect of a Will dated 25.6.1999 executed by late A.Devaky Amma and registered as document No.132/III/1999 of the Sub Registrar's Office, Kochi. In the petition for grant of probate, respondents 1 to 3 had averred that late Devaky Amma passed away on 20.6.2008 at Lissie Hospital, Ernakulam, that at the time of her death she was the owner of 24.500 cents of land situate in Sy.Nos.651/5 and 651/6 of Mattancherry Village in Kochi Taluk in Ernakulam District and the two storied building therein, that she had during her lifetime executed a Will registered as document No.132/III/1999 of the Sub Registrar's Office, Kochi and that they are the executors named in that Will.

(2.) Upon receipt of notice, the petitioner herein, who was joined as the first respondent in Probate O.P.No.929 of 2010 entered appearance and filed Ext.P2 objections dated 9.11.2011. None of the other respondents filed objections to the Probate Original Petition. In paragraph 2 of Ext.P2 objections, the first respondent contended as follows:-

(3.) In view of the contest raised by the petitioner herein, the petition was converted into a suit in terms of section 295 of the Indian Succession Act, 1925 and numbered as O.S.No.4 of 2012. The petitioner thereupon filed Ext.P3 written statement reiterating the stand taken by her in Ext.P2 objections. In paragraphs 2 and 3 thereof she disputed the genuineness of the Will. Paragraphs 2 and 3 of Ext.P3 written statement filed by the petitioner are extracted below:-