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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Jayalakshmamma – Appellant
Versus
Thayamma – Respondent
| Table of Content |
|---|
| 1. parties involved and property dispute. (Para 1 , 2 , 3) |
| 2. court's evaluation of evidences. (Para 4 , 5 , 10 , 11 , 15 , 18) |
| 3. arguments regarding property ownership. (Para 6 , 7) |
| 4. circumstances affecting will's validity. (Para 16 , 17) |
| 5. moulding of relief under cpc. (Para 19 , 20) |
| 6. final judgment and order. (Para 21) |
JUDGMENT :
ASHOK S.KINAGI, J.
This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 26.02.2013 passed in R.A.No.50/2008 by the learned Senior Civil Judge and Principal JMFC at Tarikere and the judgment and decree dated 30.09.2008 passed in O.S.No.6/1998 by the learned Civil Judge (Jr. Dn.) and Additional JMFC at Tarikere.
2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the defendants, respondent No.1 was plaintiff No.1 and respondent Nos.2(a) to 2(c) were the legal representatives of the deceased plaintiff No.2.
3. Brief facts, leading rise to the filing of this appeal, are as follows:
The plaintiffs filed a suit against the defendants for a declaration to declare that they are the owners to an extent of half share in the suit schedule property
The court affirmed that a Will's validity must be proved beyond doubt, especially when surrounded by suspicious circumstances involving mental competency and inheritance rights of legal heirs.
The validity of a will requires clear evidence of the testator's free will, especially in cases of joint family properties surrounded by suspicious circumstances.
A will must be executed in accordance with the provisions of the Indian Succession Act, and the burden of proof lies on the propounder to establish its validity, especially in the presence of suspici....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
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