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PETITIONER: KOCHU GOVINDAN KAIMAL & OTHERS
Vs.
RESPONDENT: THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS
DATE OF JUDGMENT: 01/10/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1959 AIR 71 1959 SCR Supl. (1) 1
ACT: Will- jointly executed by three testators-Construction-joint tenants or tenants in common-Claim of entire properties by survivor -Maintainability.
HEADNOTE: A will executed jointly :by three persons contained, inter alia, the following recitals:-" We have hereby settled and agreed that all the moveable and immoveable properties acquired jointly and separately by us till now, and those which we may be so acquiring in future and those which have devolved on us and those which we may yet be obtaining, shall be held by us in our possession and under our control and dealt with by us as we please till our death." There were bequests in favour of certain persons and the will provided that in the event of the executants effecting any transfers or alienations of the said properties, either, jointly or severally till their death, the aforesaid persons shall have the right only in respect of the remaining items of the properties. Two of the testators having died the third claimed that he had become entitled by surviorship to all the properties disposed of by t...