Kalal Kumar vs. Saraswathey and Others – sllr 2005 volume 3 page 301

In the case between Rarnanathan Kalikumar (claimant-petitioner) and Loganathan Saraswathy (petition-respondent, administratrix), the court addressed the issue of whether land transferred by the deceased prior to death should be included in the estate inventory during testamentary proceedings. The decision established that only property owned by the deceased at the time of death forms part of the estate and that procedural delay alone cannot preclude substantive inquiry into ownership when material facts suggest earlier alienation. The findings reaffirmed that the court possesses inherent powers under the Civil Procedure Code to ensure justice when statutory provisions, such as those governing claims not originally part of the testamentary action, are ambiguous or silent. The outcome unders