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Article 14 has no application to dispositions under Will: Supreme Court

By way of background, a couple, Mannar Reddiar and Adhilakshmiammal, had two sons VM Chandrasekaran and VM Sivakumar and a daughter by name Kalavathy.

Both the mother and father in their wills bequeathed their properties to their sons and not the daughter in the ground that she had been provided sufficiently during the time of her wedding.

The eldest son VM Chandrasekaran died subsequently in October, 1999, leaving behind him surviving, his wife Swarnalatha and two sons by name C Karthikeyan and C Rishikesan, who were the appellants before the top court.

The dispute arose when the daughter Kalavathy and the surviving son VM Sivakumar (one of the testators) filed a suit for partition before the District Munsiff Court, Poonamallee.

Upon coming to know of the same, the appellants, who are the wife and sons of the eldest son VM Chandrasekaran filed a petition in probate before the Principal District Judge, Vellore, under Sections 270, 276 and 289 of the Indian Succession Act for the grant of probate of the wills of Mannar Reddiar and Adhilakshmiammal.

The petition was hotly contested by the daughter and other son of the testators (respondents before Supreme Court). However, by a judgment dated June 7, 2010, the District Court granted probate of both the wills.

The respondents filed an appeal under Section 384 of the Act before the Madras High Court which was allowed on the ground that there were suspicious circumstances surrounding the execution of both the wills.

This led to the appeal before the Supreme Court.

Source: Barandbench

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