Back
G.S.SINGHVI, ASOK KUMAR GANGULY
Balathandayutham – Appellant
Versus
Ezhilarasan – Respondent
The conclusion of the case is that the courts upheld the validity of the original will, which was executed by the testator under proper circumstances and with genuine intent. The courts found that the subsequent wills, which purportedly revoked the original, were surrounded by suspicious circumstances, including their late emergence, the testator’s ill health at the time, and the involvement of strangers as witnesses. Due to these suspicious factors, the burden was on the person propounding the later wills to prove their authenticity convincingly. Since this burden was not satisfactorily discharged, and the suspicions remained unremoved, the courts rejected the subsequent wills as invalid. Consequently, the original will was deemed valid and binding, and the appellant’s claim was dismissed. The decision reaffirmed the importance of strict compliance with statutory requirements and the necessity of dispelling suspicions surrounding the execution of wills to establish their validity (!) .
JUDGMENT
Ganguly, J. —
1.Heard counsel for the parties.
2.The material facts of the case are: Late Mr. M. Ramachandran, the father of the 1st appellant as also of the plaintiff-respondent, had three sons, namely, Balathandayutham (1st appellant), Ezhilarasan (plaintiff-respondent) and one Gnanavoli and two daughters - Kalai Arasi and Isai Amudhu and his wife was Nachiar Ammal. It is not in dispute that Ramachandran acquired certain properties and in his lifetime he executed a Will which was registered on 25.09.1972. By the said Will he bequeathed certain properties, from the income of which Seva Puja and maintenance of Sri Bala Murugan Temple was to be conducted. In respect of his other properties he bequeathed the same in favour of plaintiff-respondent and his other son Gnanavoli and two daughters and giving his wife life interest.
3.Insofar as the 1st appellant is concerned, no property was bequeathed to him, inter alia, on the ground that after education he was staying apart and had not shown any interest in the family members. The case in the plaint is that since the 1st appellant, the elder brother of the plaintiff-respondent, left the family after his education and married anothe
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
