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january 1996

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.

C. MASILAMANI MUDALIAR vs IDOL OF SRI SAMINATHASWAMI · Niyam