mother cannot cancel will of father

 Hindu Successions Act Sections 14(1) and 14(2) Order 41, Rule 27 and Section 96 CPC  Relief of declaration and permanent injunction Plea that defendants are not having any right, title or interest over the suit properties and started threatening to dispossess the plaintiff No right, title or interest was vested in grandmother over entire suit property Thus, grandmother could not have cancelled will that was executed by grandfather and bequeath entire suit properties in favour of plaintiff Witness deposing that a time of  executing subsequent Will, grandmother was not in sound state of mind Even loans of grandmother were cleared by defendants  Will in favour of plaintiff executed under suspicious circumstance  Specific relief cannot be granted to plaintiff. [Paras 32, 36, 38, 41, 47 and 48]

KV Nagesh vs Munivenkatappa RSA 1716/14 31/10/22 [ UMA JJ ]

[ KARNATAKA HIGH COURT ]