The first question that needs to be answered is whether Ext. P-l styled, as a Will by the deceased Karappan would be effective as a Will. If by Ext. P-l deceased Karappan attempted to make a Will of the ancestral property in his hand in which his sons had acquired interest by birth, obviously he had no power to make a Will in respect of such property. Ext. P-l does not purport to devise by Will the individual share of testator Karappan in the joint family property but he attempts to make a will of all the properties, ancestral and self-acquired and even to dispose of property in which his sons had interest by birth, by will. He has not claimed any share in the property but claimed a right to deal with ancestral property as he desired. Therefore, to the extent Ext. P-l purports to dispose of ancestral properties by will it would be ineffective as a will as testator Karappan had no power or authority to dispose of by will ancestral properties in his hand.
Supreme Court of India
Kalyani (Dead) By Lrs. vs Narayanan And Ors. on 27 February, 1980
Equivalent citations: AIR 1980 SC 1173, 1980 Supp (1) SCC 298, 1980 2 SCR 1130
Bench: A Sen, D Desai, V Tulzapurkar
