SANTHAKUMARI Vs. RAGHAVAN UNNI

JUDGEMENT

(1.) The question which arises for consideration in this Original Petition is : -

(2.) The respondents filed O.S.No.190 of 2010 on the file of the court of the Munsiff of Wadakkancherry for partition. The petitioner is the second defendant in the suit. The plaintiffs are the children of late Padmanabhan Nair in his first wife. The defendants are the second wife of Padmanabhan Nair and his six children born in the second marriage. The plaint schedule property belonged to Padmanabhan Nair. The plaintiffs claimed share in that property stating that Padmanabhan Nair died intestate.

(3.) Defendants 1 to 4, 6 and 7 filed a joint written statement and contended that Padmanabhan Nair had executed a Will in favour of his second wife and five children in her. The original Will was not produced along with the written statement. Not even a copy of the Will was produced by the defendants. The list of documents produced along with the written statement does not contain an entry regarding the Will.