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july 2010

Supreme Court of India · 2010-07-27

Ittianam & Ors vs Cherichi @ Padmini

Citation / case number
AIR 2010 SUPREME COURT 2994
Court
Supreme Court of India
Petitioner
Ittianam & Ors
Respondent
Cherichi @ Padmini
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court held that the Kerala High Court's decision to grant Letters of Administration only for items 1 to 3 of the Will dated 8.5.1967 was erroneous, as it failed to recognize the effect of Section 90 of the Indian Succession Act, which allows for the presumption of the validity of the Will. The Court clarified that the testator's title over items 4 to 7 was perfected by the sale deed executed prior to the Will, and thus the High Court's limitation on the Letters of Administration was overturned. The appeal was allowed, granting full Letters of Administration as per the Will.

Ittianam & Ors vs Cherichi @ Padmini · Niyam