KANHACHANKANDY VIJAYAN S/O RAMAN Vs. PANDARAKANDI KAMALA

JUDGEMENT

(1.) A 'Holograph Will' (one which is wholly in the handwriting of the testator) is relied on by the son in the suit filed by his sisters for partition. The Indian Succession Act, 1925 is referred to as 'the Succession Act' and the Indian Evidence Act, 1872 as 'the Evidence Act' for brevity.

(2.) Raman and his wife Meenakshi had seven children of whom plaintiffs 1 to 4 are their daughters and the first defendant is their son. One daughter Leela died as a spinster and the legal heirs of the other deceased daughter Nalini are defendants 2 to 7. The legal heirs of the second plaintiff are plaintiffs 5 to 7 and it is not in dispute that Raman and Meenakshi died in the years 1979 and 1972 respectively. Item No.1 property in the name of Meenakshi and Item No.2 property in the name of Raman have been included in the plaint schedule. The court below has passed a preliminary decree for partition granting 4/6 shares to the plaintiffs which is impugned by the first defendant.

(3.) Only two points are canvassed by Mr. O. Ramachandran Nambiar on behalf of the appellant which are dealt with hereunder. We also heard Mr. T. Krishnanunni, Senior Advocate instructed by Mrs. Shahana Karthikeyan, Advocate on behalf of the respondents.