MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Every soul departs this world for their heavenly abode with a fervent hope to rest in peace. Here is a case, where the departed soul of a 95 year old mother is prevented from embracing eternal bliss, due to the legal battle fought by her greedy children over a piece of land owned by her, for which she had allegedly executed a Will Deed.

(2.) Petitioners 1, 4, 5 and the 2nd respondent are the children of deceased Kamalamma. The 2nd petitioner is the wife of her deceased elder son Somasekharan Nair. The 3rd petitioner is the husband of her deceased daughter Radhamma.

(3.) The mother, Kamalamma, had 27 cents of land in Re-Survey No.366/8. The dispute is centered around a Will Deed alleged to have been executed by the mother with respect to that property, on 31/5/2011. Her sons including the 2nd respondent and her daughters are the legatees under that Will. The grievance of the 2nd respondent seems to be that, he was given only two cents of land as per the Will Deed, and the other children were given joint right over the remaining 25 cents of land. Provision for sharing the sale proceeds of the said 25 cents, with the children of two deceased daughters was also stipulated in the Will Deed.