Kochu Govindan Kaimal & Others VS. Thayankoot Thekkot Lakshmi Amma And Others

Reporting JudgeAiyyar

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Summary

A will executed jointly :by three persons contained, inter alia, the following recitals:-" We have hereby settled and agreed that all the moveable and immoveable properties acquired jointly and separately by us till now, and those which we may be so acquiring in future and those which have devolved on us and those which we may yet be obtaining, shall be held by us in our possession and under our control and dealt with by us as we please till our death." There were bequests in favour of certain persons and the will provided that in the event of the executants effecting any transfers or alienations of the said properties, either, jointly or severally till their death, the aforesaid persons shall have the right only in respect of the remaining items of the properties. Two of the testators having died the third claimed that he had become entitled by surviorship to all the properties disposed of by the document on the footing that it was in effect a transfer of all their individual properties to themselves jointly as joint tenants.

Held, that the document was a testamentary disposition by the three testators of their properties operating on the death of each testator on his properties, and was, in effect three wills combined in one. The properties were held by the testators at, tenants-in-common and the legatees mentioned in the will would become entitled to the properties of the testator who dies.

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Extract

Kochu Govindan Kaimal & Others VS. Thayankoot Thekkot Lakshmi Amma And Others

PETITIONER: KOCHU GOVINDAN KAIMAL & OTHERS Vs.

RESPONDENT: THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS

DATE OF JUDGMENT: 01/10/1958

BENCH: AIYYAR, T.L. VENKATARAMA

GAJENDRAGADKAR, P.B.

SARKAR, A.K.

CITATION: 1959 AIR 71 1959 SCR Supl. (1) 1

ACT: Will- jointly executed by three testators-Construction-joint tenants or tenants in common-Claim of entire properties by survivor -Maintainability.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 5 and 6 of 1955.

Appeals from the judgment and decree dated September 15, 1952, of the Madras High Court in Second Appeals Nos. 2256 of 1947and 2545 of 1948, 2

arising. out of the judgment and decree dated September 19, 1946, of the Court of Subordinate Judge of Kozhikode in Appeal Suit Nos. 336 and 180 of 1946, against the judgment and decree dated October 9, 1945, and June 29, 1946, respective...

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