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november 2012

Supreme Court of India · 2012-11-21

MATHAI SAMUEL vs EAPEN EAPEN (DEAD) BY LRS. .

Citation / case number
SC 2009/15389
Court
Supreme Court of India
Petitioner
MATHAI SAMUEL
Respondent
EAPEN EAPEN (DEAD) BY LRS. .
Author
K. S. Radhakrishnan
Bench
DIPAK MISRA K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the issue of whether the recitals in exhibit A1 constituted a testamentary disposition or a settlement creating vested rights. The Court upheld the High Court's finding that the disposition regarding item No. 1 was a settlement, despite deferred possession, thus invalidating subsequent transfers by the executants. The Court affirmed the lower appellate court's decision allowing partition and possession of the property in favor of the plaintiffs, emphasizing that the executants had no right to dispose of the property during their lifetime under the relevant legal principles.

MATHAI SAMUEL vs EAPEN EAPEN (DEAD) BY LRS. . · Niyam