In Writ Petition C No.
Petitioner No.2 is a Catholic Association of Dakshina Kannada, Karnataka.
However, he received a reply from the Society stating that Mr. Barley Arakal is the numberinee of the testatrix as per their record and as such since there is a dispute regarding the property the status quo will be maintained until further orders.
The petitioner also informed the Society number to transfer the said flat to any one else other than himself.
5, Ashiana Apartment, Pitam Pura, Delhi.
The petitioner received a letter in August 1993 from the Secretary of M s Loyola Co operative Housing Society, Ashiana Apartments, Road No.
41, Pitam Pura, Delhi stating that the companymittee of the Society had decided number to hand over the flat to him without any companyrt direction.
He has been in the legal profession for about 48 years, and on account of experience gained in having appeared in many probate cases and had occasions to obtain probate of his fathers Will, his experience has made him decide to file this writ petition.
The petitioner was the sole beneficiary of a registered Will dated 15.12.1986 executed by his aunt Mrs. Lissa Jos Arakal owner of a flat No.
Out of love and affection towards the petitioner she executed a Will on 15.12.1986 bequeathing her entire rights in respect of the said flat in favour of the petitioner.
She died on 9.8.1991 at Lourdes Hospital, Kochi.
137 of 1997, petitioner No.
1 is an Indian Christian and a citizen of India.
She was a Christian and she remained unmarried till her death.
J U D G M E N TLITTTTTTTJ RAJENDRA BABU, J. These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 hereinafter referred to as the Act as unconstitutional and to restrain the Union of India from enforcing the provisions thereof against the Indian Christians.
