2000 (4) TMI 854

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f India. 2. The Appellants have challenged the decision of the Division Bench of the High Court of Kerala confirming the grant of probate of Will as ordered by the trial court. The Respondents herein had filed original petition under Section 276 of the Indian Succession Act, 1925 for grant of probate in respect of an unregistered Will alleged to have been jointly executed by one Ummamma Amma an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....not file any caveat. 3. After hearing the contesting parties the trial court, in the light of the evidence recorded before it, came to the conclusion that the Will was proved and was not surrounded by any suspicious circumstances and hence granted the probate. The Division Bench of the High Court, after carefully re-appreciating the evidence, came to the same conclusion. 4. In our view, the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e gone to the family members who would be strangers to her husband. If the wife was capable of taking care of herself out of her properties, there had been no necessity for making any provision for that purpose. As she had been living with her husband, she would need no extraneous assistance during her lifetime. 7. For all these reasons, the High Court rightly came to the conclusion that nothin....