In Brief
C.P. Francis and his parents executed a joint will bequeathing inherited properties to Francis, with provisions for monetary payments to his siblings. After the parents died, the siblings filed for partition, claiming their parents died intestate. The Kerala High Court invalidated the will citing Section 67 of the Succession Act (disqualifying attestors related to beneficiaries), without this point being pleaded. The Supreme Court allowed Francis's appeal, holding the High Court erred by framing an entirely new legal question without foundational pleadings or evidence. The Court upheld the will as valid, emphasizing that testamentary intent must prevail, but directed Francis to pay substantially enhanced compensation to his siblings within three months.
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