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.