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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
H.G. Benakappa, S/o. Dodda Benakappa – Appellant
Versus
Veeramma W/o. Huchappa Since Dead By Lrs., Sri. A. Nagarajappa, S/o. Huchappa – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim on ancestral property. (Para 3) |
| 2. defendant's possession and validity of the will. (Para 4 , 7) |
| 3. trial and appellate court's evaluation of evidence. (Para 5 , 6) |
| 4. legal capacity and presumption of validity of will. (Para 8 , 9) |
| 5. appeal dismissed; no errors found. (Para 10 , 11) |
JUDGMENT :
H. P. SANDESH, J.
1. This matter is listed for admission and I have heard learned counsel for the appellant.
2. This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.
3. The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of declaration and mandatory injunction in O.S.No.177/2009 is that he is the absolute owner of ‘A’ and ‘B’ schedule properties and also sought for the declaration that alleged Will dated 31.05.1972 executed by the grandfather of the plaintiff in favour of defendant in respect of suit schedule properties are null and void and not binding to the plaintiff and also sought the mandatory injunction directing the defendant to hand over vacant possession of all ‘A’ and ‘B’ schedule properties and also issue direction to the Grama Panchayath and concerned autho
The validity of a registered Will is upheld when it is unchallenged for decades and acted upon, reinforcing that delay in legal challenge can bar claims based on ownership.
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
The main legal point established in the judgment is the importance of establishing the due execution and attestation of a Will, the burden of proof in establishing property as joint family, and the r....
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 will that disinherits legal heirs can be deemed invalid if executed under suspicious circumstances, supporting principles of joint family property rights.
A registered Will's validity relies on proving the testator's mental capacity and proper execution, with courts deferring to concurrent factual findings by trial and appellate courts.
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