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HANCHATE SANJEEVKUMAR
Chandra Prabha, D/o. Late M. Krishnappa @ Krishnamurthy, W/o. P. Varadarajan – Appellant
Versus
K. Sarojammal, W/o. Late M. Krishnappa @ Krishnamurthy – Respondent
JUDGMENT :
(Hanchate Sanjeevkumar, J.)
The appeal is filed by the plaintiff challenging the judgment and decree dated 26.09.2014 passed by XVIII Addl. City Civil Judge, Bengaluru City, in O.S.No.3086/2005 thereby suit filed by the plaintiff for declaration, partition and mesne profits is dismissed.
2. Ranking of the parties are referred to as per their rankings before the trial court.
3. Brief facts of the case are as follows:
Plaint:
It is stated by the plaintiff that defendant No.1 – K.Sarojammal and defendant No.7 - K.Kaveri @ Kannambal are the wives of late M.Krishnappa @ M.Krishnamurthy. The defendant Nos.2 and 3 are the sons and defendant Nos.4 to 6 are the daughters of M.Krishnappa through his first wife - K. Sarojammal. Defendant Nos.8 and 9 are the sons and defendant Nos.10 and 11 are the daughters of M.Krishnappa through his second wife - Kaveri @ Kannambal. It is further case of the plaintiff that said M.Krishnappa had executed a Will dated 06.03.1996 and that is revoked subsequently by second Will dated 16.02.2001. In the first Will dated 06.03.1996 only the sons were bequeathed properties and after advent of amendment of the Hindu Succession Act, 1956, he has executed a sec
The burden of proof for the validity of a Will lies with the propounders, who must meet legal requirements, including examining attesting witnesses, especially in the presence of suspicious circumsta....
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
The mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
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.
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
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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