SHEBA SUJAN GEORGE Vs. ABRAHAM VARGHESE

JUDGEMENT

(1.) "What you leave at your death, let it be without controversy, else the lawyers will be your heirs" - said F.Osborn to his son.

(2.) The father of the plaintiffs and the first defendant (by name P.I.Varghese) executed Ext.A1 Will dated 3.7.2007 whereunder he bequeathed his property to all his children and provided a life estate to his wife the second defendant. Ext.A1 Will inter alia provided that the plaint schedule property would devolve on the first defendant absolutely with power of disposal and would go to the plaintiffs if the first defendant died without any issues. It is the case of the plaintiffs that the first defendant has divorced his wife and has no children and therefore the property should revert to them absolutely as per Ext.A1 Will. The plaintiffs contend that the first defendant and the second defendant had no authority to execute Ext.A4 sale deed to the third defendant which is to be declared as null and void. It is on this premise have the plaintiffs sought for recovery of possession of the property to their estate and for a decree of permanent prohibitory injunction against further alienation.

(3.) The defendants contend that the subsequent disposition of the very same property to the plaintiffs under the same Will has to be treated as invalid and the effect is that Ext.A1 Will is valid without the invalid conditions. The defendants assert that they have an unfettered right to sell a portion of the property bequeathed to them by Ext.A4 sale deed which cannot be called in question. They also point out that the second defendant who is the holder of life interest has joined in Ext.A4 sale deed and therefore a valid title has been conveyed to the third defendant. The suit has been dismissed by the impugned judgment and the plaintiffs have filed this appeal reiterating that the court below erred in construing the terms of Ext.A1 Will.