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C. T. RAVIKUMAR, SUDHANSHU DHULIA
Lilian Coelho – Appellant
Versus
Myra Philomena Coalho – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. Judgment dated 22.01.2009 passed by the Division Bench of the High Court of Bombay in Appeal No.574 of 2003 as per which it reversed the judgment dated 07.03.2003 of a learned Single Judge of the High Court in Testamentary Suit No.33 of 1999 is under challenge in this appeal.
2. Heard the learned Senior Counsel appearing for the appellants and the learned counsel appearing for the respondent.
3. To avoid convolution and to confine the consideration only within the scope of the Testamentary Suit which was decided by the learned Single Judge of the High Court, we refer to the facts succinctly only for the disposal of this appeal in terms of what is observed hereinbefore.
4. Myra Philomena Coalho/respondent-plaintiff filed a petition for grant of Letters of Administration (for short, ‘LoA’) with the Will annexed of the property and credits of her deceased mother Mrs. Maria Francisca Coelho who died on 24.11.1985. Will dated 07.07.1982 said to be her last Will was propounded whereunder the testatrix bequeathed properties in favour of her two sons namely George and Reginald and the daughter who was the plaintiff, in equal shares. Caveat was filed by another s
(1) Proof of execution of Will – Even after holding that Will is genuine, it is within jurisdiction of Court to hold that it is not worthy to act upon as being shrouded with suspicious circumstances.....
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
The propounder of a Will must prove its execution and validity, and the presence of suspicious circumstances must be specifically pleaded by the opposing party to shift the burden of proof.
A will must be executed freely and without undue influence; if suspicious circumstances exist, the burden is on the propounder to dispel them to validate the will.
The central legal point established in the judgment is the application of Section 63 of the Indian Succession Act, 1925 to establish the due execution of a Will, considering evidence of witnesses, me....
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
A propounder of a Will must dispel any suspicious circumstances regarding its execution; failure to do so results in denial of probate or Letters of Administration.
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
The burden of proving the genuineness of a will lies with the propounder, and in the presence of suspicious circumstances, the propounder must satisfactorily explain them to the court.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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