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Supreme Court of India 2017-03-09 partly_allowed

K.S. Palanisami (dead) through Lrs vs Hindu Community in General and Citizens of Gobichettipalayam and Others

Bench: 2 — Ashok Bhushan

In Brief

A husband and wife executed a joint Will in 1968 creating a charitable trust with properties in Tamil Nadu, stating the survivor would enjoy property 'absolutely with all the rights' before charities were performed. After the husband's death, the widow sold certain properties. When she later died, the widow's relatives claimed a separate 1980 Will gave them the properties. The Court held the 1968 Will was a joint and mutual Will binding both parties to the charitable arrangement, but the widow validly retained the absolute right to sell properties during her lifetime (as the Will plainly stated). The 1980 Will was rejected as not genuine. The Court partly allowed the appeals, excluding certain widow-authorized sales from the trust, while maintaining that post-widow sales by relatives were void.

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Wills and Succession Joint and Mutual Wills Charitable Trusts Property Law Civil Procedure Code Section 92

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