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november 2012

Supreme Court of India · 2012-11-21

Mathai Samuel & Ors vs Eapen Eapen (Dead) By Lrs. & Ors

Citation / case number
AIR 2013 SUPREME COURT 532
Court
Supreme Court of India
Petitioner
Mathai Samuel & Ors
Respondent
Eapen Eapen (Dead) By Lrs. & Ors
Author
K. S. Radhakrishnan
Bench
Dipak Misra, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court examined whether the recitals in exhibit A1 constituted a testamentary disposition or a settlement creating vested rights in favor of the plaintiffs and defendant Nos. 1 to 3. The Court upheld the High Court's ruling that the disposition regarding item No. 1 was a settlement, despite deferred possession, and that the executants had no right to dispose of the property during their lifetime. Consequently, the transfers made by the executants to defendant Nos. 3 and 4 were declared invalid, affirming the appellate court's decision for partition and possession.

Mathai Samuel & Ors vs Eapen Eapen (Dead) By Lrs. & Ors · Niyam