KASTHURI Vs. N RAJENDRAN

JUDGEMENT

(1.) THE plaintiff is the appellant.

(2.) THE plaintiff filed the suit for partition of 5/8 share in the suit property. THE case of the plaintiff/appellant was that the suit property belonged to her father Narayana Pillai who died in the year 1952 leaving behind his widow Yasodammal, two daughters viz., the plaintiff and the third defendant and two sons viz., defendants 1 and 2 and after the death of the father, the mother became entitled to half share in the property and on 23.2.1995, she bequeathed her half share in the property in favour of the plaintiff/appellant and a Will was executed by her mother while she was in a sound and disposing state of mind and the plaintiff/appellant is having 2. THE plaintiff filed the suit for partition of 5/8 share in the suit property. THE case of the plaintiff/appellant was that the suit property belonged to her father Narayana Pillai who died in the year 1952 leaving behind his widow Yasodammal, two daughters viz., the plaintiff and the third defendant and two sons viz., defendants 1 and 2 and after the death of the father, the mother became entitled to half share in the property and on 23.2.1995, she bequeathed her half share in the property in favour of the plaintiff/appellant and a Will was executed by her mother while she was in a sound and disposing state of mind and the plaintiff/appellant is having share on her own accord and as per the bequest under the Will, she is entitled to half share and therefore, she is entitled to 5/8 share in the property and therefore, filed the suit for partition.

(3.) RESPONDENTS 1 to 4 filed appeal before the appellate court and the first appellate court held that the plaintiff/appellant has not proved that the Will was validly executed by Yasodammal and the plaintiff/appellant cannot claim any right under the Will. Hence, the second appeal.