BALAKRISHNA PILLAI Vs. G. NATARAJA PILLAI

JUDGEMENT

(1.) Even though several contentions and issues are raised by the respective counsel appearing for the parties in this appeal, the core issue boils down to the validity of a Will claimed to have been executed by a certain Sri. Gopalakrishna Pillai, who is the father of the plaintiffs and defendants 1 to 5 and the grandfather of defendants 6 to 9.

(2.) On one hand the defendants maintain that the Will executed by Sri. Gopalakrishna Pillai is valid and that it has been properly executed, while on the other, it is the specific case of the plaintiffs that the Will is not proper and that it is vitiated by questionable actions at the hands of the defendants and they even go to the extent of alleging that the Will is forged or created subsequent to the death of Gopalakrishna Pillai.

(3.) As we indicated above, though there are other issues raised in this appeal, we notice that at this stage of the proceedings the only one that is really now live for our consideration is as to whether the Will in question is valid or otherwise. We say this because, even though contentions are seen made regarding the nature of acquisition of the properties by Sri. Gopalakrishna Pillai and questions raised regarding his right and title over the same, it is now virtually admitted by all parties in this appeal that the properties involved herein are self acquired by Sri. Gopalakrishna Pillai and that he is competent and eligible to execute a Will regarding the same. The sole issue, therefore, that survives for our consideration at this stage is as to whether the Will marked as Ext.B2 is valid or otherwise and whether it has been executed by Sri. Gopalakrishna Pillai under the Mandate of the Indian Succession Act, 1925 (the Act for brevity)