Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Religious and Charitable Endowment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Religious and Charitable Endowments-Original Sett/or granted management rights to his widow and she entrusted all responsibilities to A through a General Power of Attorney and later on also appointed him successor-trustee-Scheme of administration prepared by the Board of Commissioner for Hindu Religious Endowments in 1945-A executed two wills on same day; (i) bequeathing management rights upon his son-in-law B (ii) bequeathing his personal properties to his sons-Trial Court held, in the partition suit filed regarding properties of A, that properties for which management rights were bequeathed could not be partitioned as they were subject matter of Kattalai grant and that the first will was valid and legal-High Court affirmed findings-On appeal Held, the first will was not executed, in suspicious circumstances and A was in sound disposing state of mind as he had made another will favouring his own sons on the same day as regards his personal properties-Original settlor did not pass on a life estate or a widow's estate to his widow and did not intend to pass on any rights to his heirs of lineal descendants, therefore she had every right to select A in her place-A also had every right to will away the said trusteeship in favour of B, who although a stranger, was found competent-First will was not unauthorised or illegal as a limited right to manage properties was transmitted to B-Scheme of administration prepared in 1945, although not highlighted before the Trial Court and High Court, binding upon A and after him B and even any other person who is further entrusted with the management rights-Madras Hindu Religious Endowment Act, 1926-Section 57. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 2000 INSC 306 |
Petitioner | Palanivelayutham Pillai And Ors. |
Respondent | Ramachandran And Ors. |
SCR | [2000] Supp. (1) S.C.R. 1 |
Judgement Date | 2000-05-09 |
Case Number | 2002 |
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