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july 2010

Supreme Court of India · 2010-07-07

K. NAINA MOHAMED(DEAD) THROUGH LRS. vs A.M. VASUDEVAN CHETTIAR(D)BY LRS. .

Citation / case number
SC 2001/8045
Court
Supreme Court of India
Petitioner
K. NAINA MOHAMED(DEAD) THROUGH LRS.
Respondent
A.M. VASUDEVAN CHETTIAR(D)BY LRS. .
Author
G.S. Singhvi
Bench
G.S. SINGHVI,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court upheld the decree of the trial court directing the execution of a sale deed for property under dispute, emphasizing the binding nature of the registered Will dated 22.9.1951 executed by Smt. Ramakkal Ammal. The Court clarified that the male heirs of Rukmani Ammal have the right to sell the property only to other sharers as per the conditions laid out in the Will, thus reinforcing the principle of testamentary succession and restrictions on alienation. The appeal was dismissed, affirming the High Court's decision to restore the trial court's decree.

K. NAINA MOHAMED(DEAD) THROUGH LRS. vs A.M. VASUDEVAN CHETTIAR(D)BY LRS. . · Niyam