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Kalliani Ammal and ors. Vs. P. Narayana Menon and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1918Mad286; 45Ind.Cas.758
AppellantKalliani Ammal and ors.
RespondentP. Narayana Menon and ors.
Cases ReferredArayalprath Kunhi Pocker v. Kanthilath Ahmad Kuti Haji
Excerpt:
will - conditional ratification of partition by testator, effect of--suit by legatees impeaching partition, validity of. - 1. we think the will amounted to a conditional ratification of the partition, to take effect if he died without setting it aside, and that the ratification completes the partition. arayalprath kunhi pocker v. kanthilath ahmad kuti haji 29 m. 62. the properties claimed were assigned to the deceased as his share, and we do not think his right to them could be made conditional on his taking possession of them during his life-time.2. we reverse the decree of the subordinate judge and restore that of the district munsif with costs here and in the lower appellate court.
Judgment:

1. We think the Will amounted to a conditional ratification of the partition, to take effect if he died without setting it aside, and that the ratification completes the partition. Arayalprath Kunhi Pocker v. Kanthilath Ahmad Kuti Haji 29 M. 62. The properties claimed were assigned to the deceased as his share, and we do not think his right to them could be made conditional on his taking possession of them during his life-time.

2. We reverse the decree of the Subordinate Judge and restore that of the District Munsif with costs here and in the lower Appellate Court.


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