In Brief
A widow (Annapurnamma) died intestate in 1978. Her step-children (the plaintiff and defendants 1-3) claimed equal partition of her estate. Contesting defendants claimed Annapurnamma had sold one property by agreement to defendant 15 in 1976 and executed a will in 1978 in their favour. The Trial Court found both documents fabricated. The High Court upheld the will as fabricated but reversed course on the agreement, holding it valid. The Supreme Court allowed the plaintiff's appeal, finding the appeal itself incompetent due to abatement against deceased defendant 2 (a co-sharer whose legal representatives were not substituted), and on merit, held the agreement equally fraudulent as the fabricated will, restoring the Trial Court's decree for partition."
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