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H. V. Nirmala & Anr. vs. R. Sharmila & Anr. – (SC)

38.00 3.80

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Indian Succession Act, 1925–Secs. 68 & 163–Suit for a declaration that the earlier compromise decree was not binding over the plaintiff and she is the lawful owner of the property on the basis of will dated 12.3.80–Decreed by High Court–Establishment of will–Will dated 12.3.1980 is a registered will and it was executed in favour of minor children–Nothing unnatural as it was a bequeath out of love and affection–Plaintiff was too young to indulge in any kind of illegal acts to grab the suit property–She filed the certified copy of will after obtaining it from the office of registrar as the original was not in possession–Will was duly proved in accordance with the provisions of Sec. 68–Further, there is no reference of this will in the subsequent will dated 20.5.95 which was disclosed by defendants–Reference of revocation of earlier will was necessary–Further, the plaintiff was not the party of earlier suit–Held, suit was rightly decreed in her favour.