1963 (4) TMI 95 - HC - Indian Laws

Summary

Issues Involved:
1. Determination of the true legal character of the document Ex. A-I.
2. Whether Ex. A-I is a mutual reciprocal Will or a joint Will.
3. The validity of the revocation of Ex. A-I by Perumal through Ex. B-I.
4. Whether Ex. A-I can be considered a family arrangement.
5. The effect of the Hindu Law of coparcenary estate and survivorship on Ex. A-I.

Issue-wise Detailed Analysis:

1. Determination of the true legal character of the document Ex. A-I:

The main question in dispute is the determination of the true legal character of the document Ex. A-I and the proper interpretation of its terms. The plaintiffs argued that Ex. A-I is a mutual reciprocal Will, which is irrevocable and represents a family arrangement between the two brothers, Perumal and Chinnappa. The defendants contended that Ex. A-I was a joint Will, revocable by either testator during their lifetime or even after the death of one of them, and that Perumal had executed a registered Will, Ex. B-I, canceling the earlier Will.

2. Whether Ex. A-I is a mutual reciprocal Will or a joint Will:

The Court analyzed the law relating to joint and mutual Wills, referencing Halsbury's Laws of England and various case laws. It was established that a joint Will is a single testamentary instrument executed by two or more persons, while mutual Wills are separate Wills with reciprocal provisions executed in pursuance of an agreement between the testators. The Court concluded that Ex. A-I is a mutual reciprocal Will, based on the language and scheme of the document, which indicated a mutual exchange of ideas and a bilateral agreement between the brothers.

3. The validity of the revocation of Ex. A-I by Perumal through Ex. B-I:

The Court held that Ex. A-I was irrevocable after the death of Chinnappa because Perumal had derived benefits under the mutual Will. The clause in Ex. A-I stating "we are entitled to revoke or alter the Will during our lifetime" was interpreted to mean revocation or alteration during the lifetime of both testators. The Court found it inequitable and unjust to allow the surviving brother to revoke the mutual arrangement unilaterally. Therefore, the revocation of Ex. A-I by Perumal through Ex. B-I was invalid.

4. Whether Ex. A-I can be considered a family arrangement:

The Court considered whether Ex. A-I could be upheld as a family arrangement. It was noted that under Hindu law, it is not competent for a member of a joint family to execute a Will in regard to his share in the joint family properties unless all coparceners agree. The Court concluded that Ex. A-I was a bona fide family arrangement, as it was executed with mutual consent and consideration, and was intended to prevent disputes regarding the properties after the brothers' deaths.

5. The effect of the Hindu Law of coparcenary estate and survivorship on Ex. A-I:

The defendants argued that the properties dealt with under Ex. A-I were joint family properties and that Perumal became entitled to them by survivorship upon Chinnappa's death. The Court rejected this contention, stating that the mutual arrangement in Ex. A-I severed the joint tenancy and converted it into a tenancy in common. The surviving brother could not claim higher rights by survivorship, as the mutual Will had modified the normal course of devolution under Hindu law.

Conclusion:

The Court reversed the judgment of Basheer Ahmed Sayeed, J., and decreed both suits as prayed for, holding that Ex. A-I was a mutual reciprocal Will and a family arrangement, which could not be unilaterally revoked by Perumal. The parties were directed to bear their own costs throughout the proceedings.