MATHAI SAMUEL AND ORS. versus EAPEN EAPEN (DEAD) BY LRS. AND ORS.

MATHAI SAMUEL AND ORS. versus EAPEN EAPEN (DEAD) BY LRS. AND ORS.

Exhibit A1 did not create vested rights in praesenti in respect of item No.1 of Schedule 8. The executants retained rights, control, and possession until their death, thus the relevant parts of Exhibit A1 were testamentary in nature and not a settlement or gift.

Parties
Appellant: Mathai Samuel and others; Respondent: Eapen Eapen (dead) by LRS. and others
Jurisdiction
India
Judgment Date
21 November 2012
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed; judgment and decree of lower appellate court and High Court set aside; judgment and decree of trial court restored.
Legal Topics
Interpretation of Deeds and Documents, Testamentary Disposition, Settlement, Gift, Will, Registration Requirements
Property Law Succession Law Civil Procedure Interpretation of Deeds and Documents Testamentary Disposition Settlement Gift Will +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Mathai Samuel and others

Appellant

Eapen Eapen (dead) by LRS. and others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the recitals in exhibit A1 concerning item No.1 of schedule 8 disclosed a testamentary disposition or a settlement creating vested rights in favour of the plaintiffs and defendant Nos. 1 to 3, though possession and enjoyment stood deferred until the death of executants

Ratio Decidendi

Exhibit A1 did not create vested rights in praesenti in respect of item No.1 of Schedule 8. The executants retained rights, control, and possession until their death, thus the relevant parts of Exhibit A1 were testamentary in nature and not a settlement or gift.

Court Disposition

Appeal allowed; judgment and decree of lower appellate court and High Court set aside; judgment and decree of trial court restored.

Orders

  • No order as to costs