Supreme Court · 2001 INSC 586 · Decided 28 November 2001

S. Sundaresa Pai and ORS. v. MRS. Sumangala T. Pai and ANR.

Court
Supreme Court of India
Citation
2001 INSC 586 · [2001] SUPP. 5 S.C.R. 366
Case number
CIVIL APPEAL No. 5301/1992
Decided
28 November 2001
Bench
R.P. SETHI, Y.K. SABHARWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Wills : Execution of the documents-Legality of-Uneven distribution qf assets by the testator-Cannot render the document illegal-Such distribution is pure discretion o,f the executant. Respondent No. 1 filed a suit against the appellant, respondent No. 2 and her father claiming I/6th share of the Appellants, respondent No. 2 and their father submitted that the property of their mother should be dealt according to the Will. Trial Court dismissed the suit holding that the Will had been duly proved. High Court set aside the order. Since the father of respondent No. I died during the

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