C. RAMYA BALA Vs. CH. JAYARAM

JUDGEMENT

(1.) An important question arises for consideration in this miscellaneous appeal filed under Section 384 of the Indian Succession Act (for short 'the Act'). It is as to whether in an O.P., filed under Section 372 of the Act, the Court can pronounce upon the validity of a Will said to have been executed by the deceased in respect of movable properties as well as immovable properties.

(2.) The facts that gave rise to the filing of this appeal are as under:

(3.) The 1st respondent is the brother and the 2nd respondent is the sister of Srinivasa Sastry. He died on 07-12-2005. Stating that Sri Srinivasa Sastry executed a Will, dated 21-11-2005, bequeathing his movable and immovable properties mentioned therein in their favour, respondents 1 and 2 (for short 'the respondents') filed O.P.No.1333 of 2007 before the II Additional Chief Judge, City Civil Court, Hyderabad. Their claim was restricted to the items of movable properties, namely provident fund, gratuity, leave encashment. The appellant herein was shown as respondent No.3 and the employer of the deceased i.e., respondents 3 and 4 herein, were impleaded as respondents 1 and 2 in the O.P. The appellant alone contested the O.P. by filing a counter. It is stated that she does not have any objection as regards the Will. The trial Court allowed the O.P., as prayed for through its order, dated 19.10.2010. Hence, this appeal.