Supreme Court · 1999 INSC 113 · Decided 17 March 1999
K Leelavathy Bai and ORS. v. P.V. Gangadharan and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 113 · [1999] 1 S.C.R. 1197
- Case number
- CIVIL APPEAL No. 2138/1987
- Decided
- 17 March 1999
- Bench
- S. SAGHIR AHMAD, N. SANTOSH HEGDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21; Succession Act Section 211, 333, 307, 311
Headnote
B Succession Act, 1925-Sections 211, 333, 307 and 311-loint executors of a Wil/-F ather bequeathing property to two sons under a will appointing his wife and elder son as executors-/'ossessory mortgage of bequeathed c property was executed by one of the two joint executors-Held, not sufficient to despite such mortgage, the executors retained their rights under the will and the legatees' right remained incohate-Therefore, after obtaining the probate, if the executors sold the property privately, such private sale was valid-Obtaining of decree by any person against a company of which the
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