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2007 Supreme(AP) 100

G.BHAVANI PRASAD
Pinnaka Hanumantha Rao (died) per LR – Appellant
Versus
Garlapati Dhanalakshmi alias Andallu – Respondent


Judgement Key Points

The presence of the propounder at the time of the will’s execution is not by itself sufficient to disbelieve or doubt the validity of the will. The primary focus is on whether the will was executed in accordance with the legal requirements, such as the testator's sound mental capacity, understanding of the nature and effect of the dispositions, and free will in signing the document. The court considers suspicious circumstances, like unnatural provisions or exclusion of natural heirs without explanation, which may raise doubts irrespective of the propounder’s presence (!) .

While the presence of the propounder can support the credibility of the execution, it does not automatically lead to disbelief. The overall circumstances, the conduct of the testator, and the evidence of proper execution play a more significant role in determining the will’s validity. If there are no suspicious circumstances and the evidence shows proper execution, the will is likely to be accepted as valid, regardless of whether the propounder was present at the time of signing (!) .

In conclusion, the presence of the propounder at the time of execution is a relevant factor but not a decisive one for disbelief. The court’s assessment depends on the totality of evidence and circumstances surrounding the execution of the will.


JUDGMENT

Aggrieved by the judgment and decree in Original Suit No. 70 of 1983 on the file of the Subordinate Judges Court, Addanki, dated 30-8-1994 granting declaration of title to and possession of plaint A and B schedule properties to the plaintiff with future mesne profits and costs, while making the delivery of plaint B schedule properties subject to payment of the amount paid by defendants 1 and 2, by the plaintiff, the unsuccessful defendants filed the present appeal.

2.The facts leading to the appeal are that the plaintiff filed the suit as an indigent person claiming that the 1st defendant is the son and the 2nd defendant is the wife of Pinnaka Nageswara Rao, and due to differences, the 2nd defendant left to her parents house along with the 1st defendant a few months after the birth of the 1st defendant and she demanded through elders settlement of her claim for maintenance and the 1st defendants share in the family properties. Pinnaka Nageswara Rao agreed and the 1st defendant was given his share in the family properties under registered partition deed dated 22-07-1962, in which the 2nd defendant represented the minor 1st defendant. The 2nd defendant also executed a relinqui





























































































































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