ETHAMKANDIYIL APPUKUTTA KURUP, MUTHANTHARADA PUTHUSSERI Vs. KOYILOTHUM THARAMEL PARKUM PARAMBATH SAVITHRI AMMA

JUDGEMENT

(1.) "I bequeath everything to my wife" were all written by a renowned lawyer in his letter pad attested by two of his juniors to operate as a bequest under a Will. There is no insistence in law that a Will should contain a schedule which is often added to the body of the deed for clarity. Nevertheless the schedule added forms an integral part of the deed which cannot at all be divorced from the body in construing a Will.

(2.) Ramunni Kurup had six children in his first wife who are defendants 1 to 4, Kunhirama Kurup and Kunhikrishna Kurup. Defendants 9 and 10 are his children born in the eighth defendant who is the second wife of Ramunni Kurup. Kunhirama Kurup predeceased Ramunni Kurup and his legal heirs who are the widow and children are the plaintiffs in the suit. Defendants 5 to 7 are the children of Kunhikrishna Kurup who died after the death of Ramunni Kurup the common ancestor. It is on this premise did the plaintiffs claim 1/9th share over the plaint schedule property belonging to Ramunni Kurup.

(3.) The defendants set up Ext.B1 Will dated 31.12.1977 alleged to have been executed by Ramunni Kurup who died only on 2.4.1981. The plaint schedule property has been bequeathed thereunder to defendants 1 to 4, Kunhikrishna Kurup and defendants 9 and 10. The plaintiffs have been excluded under Ext. B1 Will which has prompted them to challenge it as not valid and genuine. The trial court upheld Ext.B1 Will and dismissed the suit which has been interfered with in appeal by the plaintiffs. The learned single Judge remanded the suit for better evidence as regards the due attestation of Ext.B1 Will.