2. The said Sri L. Bhujang Rao, died on the 12th November, 1976, leaving his widow, defendant No. 1, four sons, namely, the plaintiff and the defendants Nos. 2-4 on whom the said property in the Schedule below devolved in equal shares.
3. The plaintiff and the defendants each have 1/5 share in the said property and they are in joint possession of the same.
4. Difference has lately arisen in the management and enjoyment of the said property whereupon the plaintiff demanded from the defendants partition of the said property but the defendants refused to do the same.
1. It is true that the plaintiff and Defendant 2 to 4 are brothers and that the first defendant is their widowed mother. However, the father of the plaintiff and defendant 2 to 4 died leaving will dated 22.3.1992 duly registered. Under the said will, the entire plaint schedule estate is bequeathed to defendants 2 to 4 and plaintiff is excluded from inheritance. As such, the plaintiff is not entitled to lay the suit.
2. Even if the father of the plaintiff and defendants 2 to 4 died intestate, the first defendant is also entitled to a share in the estate of her late husband.
Hence, the plaintiff is entitled to only 6/25th share. However, as the father of the plaintiff died leaving a will, the suit claim shall fail.