RUKKAMMAL Vs. MOTTAIYAMMAL ALIAS GENGIAMMAL

JUDGEMENT

(1.) The Plaintiffs 1 to 3, 5 and 7 to 9 in O.S. No. 130 of 1992 on the file of the Subordinate Court, Krishnagiri are the Appellants.

(2.) Originally four Plaintiffs filed a suit for partition claiming 4/6th share in the suit properties. The case of the Plaintiffs was that the properties are the self acquired properties of Munia Naicker @ Peddappan, their father who died on 7.10.1968 intestate and the Plaintiffs 1 to 4, the 1st Defendant and the mother of the Defendants 2 to 4 were the daughters of late Munia Naicker @ Peddappan and as their father died intestate, each of them entitled to 1/6th share in the suit properties.

(3.) The 1st Defendant contested the suit stating that their father did not die intestate as alleged by the Plaintiffs and when he was in a sound disposing state of mind, he executed a Will dated 7.1.1963 bequeathing the suit properties in favour of the 1st Defendant, as the 1st Defendant was not provided well at the time of marriage and the 1st Defendant was looking after the welfare of the father and the Will came into effect after the death of her father and the Will was also accepted by the Plaintiffs in the Panchayat and therefore the Plaintiffs are not entitled to the relief as prayed for.