Navod Prasannan Comments on Kerala High Court Ruling on Testamentary Rights in The Economic Times
Navod Prasannan was recently quoted in an article published by The Economic Times discussing a significant ruling by the Kerala High Court on a mother’s right to exclude her son from her Will.
The article, titled “Can a mother cut a son out of her Will? Kerala HC backs mother who inherited 46 cents of land from her husband and denied son a share,” examines the Court’s reasoning in upholding the mother’s right to deal with the property as her absolute owner.
Commenting on the judgment, Navod explained that the son’s claim failed primarily because he was unable to establish that the property was ancestral in nature. The Court found that the grandfather had originally purchased the property, which meant it was self-acquired. The father later received his share through a partition that took place after 1956 and also obtained an additional portion through a release deed from his sister. These factors led the Court to treat the property as the father’s separate property rather than ancestral property.
Navod further noted that the son’s own conduct during earlier transactions weakened his position. He observed that the son had previously treated his mother as the absolute owner of the property for mortgage purposes, which ultimately undermined his argument in court. This conduct supported the Court’s conclusion that the mother had full ownership rights and was therefore legally entitled to decide how the property would be distributed through her Will. Visit Article:
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