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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Santhosha C.A., S/o C.L. Ananda – Appellant
Versus
Sujatha, W/o Late Shadakshari – Respondent
JUDGMENT :
H.P. SANDESH, J.
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 the case of the plaintiff before the Trial Court while seeking the relief of declaration, permanent injunction and alterative relief of possession is that the plaintiff and defendant Nos.2 and 3 are grand sons of late C.C. Laxmanappa, S/o. Chikkariyappa. The said Laxmanappa had five sons namely, C.L. Shekarappa, father of defendant Nos.2 and 3, C.L. Shadakshari defendant No.1, Smt. Rathnamma, C.L. Ananda father of plaintiff and C.L. Thimmappa. Shekarappa pre-deceased Laxmanappa. After demise of Shekarappa, his legal heirs defendant Nos.2 to 4, Laxmanappa and his remaining sons continued in joint family.
4. The plaintiff is working in a private company at Bengaluru. As such, he is not in a position to appear regularly before the Court. Hence, he has executed a GPA in favour of his mother Smt. Suma and suit is filed by his mother on behalf of the plaintiff. The suit schedule property is a joint family property of plaintiff and defendants. T
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
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.
Registered Wills have superior evidential value over unregistered ones; proper evidentiary standards must be met for claims of partition.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The execution of a Will must be proven beyond reasonable doubt, especially when suspicious circumstances exist, and mere compliance with legal formalities is insufficient.
The burden of proof on the propounder of the Will and the requirement to prove the Will in compliance with the relevant acts.
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.
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