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october 1958

Supreme Court of India · 1958-10-01

KOCHU GOVINDAN KAIMAL & OTHERS vs THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS

Citation / case number
SC 1955/69
Court
Supreme Court of India
Petitioner
KOCHU GOVINDAN KAIMAL & OTHERS
Respondent
THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that a will executed jointly by three testators operates as a testamentary disposition, effectively combining three wills into one. The court clarified that the properties were held as tenants-in-common, meaning that upon the death of each testator, their respective properties would devolve to the legatees named in the will. The claim of the surviving testator to the entire property by virtue of survivorship was rejected, affirming the rights of the legatees as per the will's provisions.

KOCHU GOVINDAN KAIMAL & OTHERS vs THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS · Niyam