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march 1969

Supreme Court of India · 1969-03-21

MANI MANI AND ORS. vs MANI JOSHUA

Citation / case number
SC 1966/60342
Court
Supreme Court of India
Petitioner
MANI MANI AND ORS.
Respondent
MANI JOSHUA
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 180 of the Indian Succession Act, a legatee who accepts benefits under a will must elect between confirming the will's dispositions or relinquishing claims to their own property. The court found that the testator intended to revoke the previous settlement deed and dispose of the entire estate, including properties previously settled. Consequently, the respondent could not claim the property settled on him in 1935 if he chose to accept the benefits under the will, affirming the Kerala High Court's decision.

MANI MANI AND ORS. vs MANI JOSHUA · Niyam