Supreme Court of India · 1996-01-30
C. MASILAMANI MUDALIAR vs IDOL OF SRI SAMINATHASWAMI
- Citation / case number
- SC 1992/84586
- Court
- Supreme Court of India
- Petitioner
- C. MASILAMANI MUDALIAR
- Respondent
- IDOL OF SRI SAMINATHASWAMI
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the validity of a will executed under Section 63 of the Indian Succession Act, 1925, determining that the legatees, Sellathachi and Janakathache, held a limited estate and could not alienate the property. The Court held that the alienation made by Sellathachi through a power of attorney was illegal, as the will explicitly restricted her rights to enjoyment without the power to alienate. Consequently, the appeal was allowed, affirming the lower court's decision to declare the alienations void.