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.