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V. R. K. KRUPA SAGAR
Dandamraju Dhanunjaya Rao – Appellant
Versus
Pemmaraju Raja Gopala Rao – Respondent
JUDGMENT :
1. Whether Smt. Vunnava Nagarathnamma died leaving her estate for succession to be governed by law of succession or whether she left a Will ordering as to how and to whom her properties shall be distributed is the question that troubled the parties and was dribbled before the Courts below and finally reached this Court in the form of second appeal preferred by two out of the six plaintiffs in the suit.
2. 561 square yards of site with a building thereon in Block No.8 with Assessment No.14 in Sangadigunta of Guntur Town is the property in dispute. There was Sri Vunnava Ramalingam and his wife Smt. Vunnava Nagarathnamma. A registered sale deed dated 10.07.1952, the certified copy of which is Ex.A.9, is admitted on both sides as a document under which Smt. Vunnava Nagarathnamma purchased the plaint schedule property. Her husband died. During their wedlock, they were blessed with three daughters and a son. One such daughter was Bharathamma. She also died. Thus, there remained two daughters and a son. One daughter by name Smt. Dandamraju Jayalakshmamma filed O.S.No.110 of 2002
The main legal point established in the judgment is the importance of due execution and proof of a Will in succession cases, and the requirement for sufficient evidence to establish the validity of a....
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
The burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
Sections 68 of Indian Evidence Act reads as proof of execution of document required by law to be attested.
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