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A. BADHARUDEEN
Lissy, W/o. Late Paul – Appellant
Versus
Salomy, W/o. M. J. Mathew – Respondent
Second defendant in O.S.No.45/2006 on the files of Sub Court, Thodupuzha is the appellant herein and she assails decree and judgment in the above case dated 28.03.2012, as confirmed in A.S.No.52/2012 on the files of IInd Additional District Court, Thodupuzha, as per judgment dated 20.01.2015. The respondents herein are plaintiffs and defendants 3 to 5.
2. Heard the learned counsel appearing for the appellant/2nd defendant and the learned counsel appearing for plaintiffs 1 and 2, who are respondents 1 and 2 herein. Perused the records of trial court as well as the appellate court.
3. I shall refer the parties in this Second Appeal as to their status before the trial court as 'plaintiffs' and 'defendants' hereinafter for convenience.
4. Plaintiffs, who are the daughters of one late Mathew, filed Suit seeking partition of the plaint schedule property, left by Mathew, who died intestate on 25.12.1993, contending that plaintiffs and defendants viz., Abraham Mathew and Paul (plaintiffs’ brothers) are entitled to get equal shares in the plaint schedule property.
5. The main contention raised by the defendants, inter alia, is that Mathew executed a Will in favour of Abraham and Paul thereby t
The burden to prove the execution of a Will and the free will of the testator lies on the propounder. The propounder must establish attestation and remove suspicious circumstances affecting the genui....
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 burden of proof for the execution of a Will lies with the propounder, who must establish compliance with statutory requirements, including the testimony of attesting witnesses.
Point of law : Section 68 only envisages the examination of one among the two attestors to establish the execution of Will.
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 main legal point established in the judgment is that the admissibility and proof of a Will should adhere to the mandate prescribed under the Evidence Act, and examination of attesting witnesses i....
The burden to prove the validity of a Will lies with the propounder, and failure to meet statutory requirements results in its invalidation.
The will executed by the deceased was duly validated under the Indian Succession Act and established the respondents' title, whereas the appellant failed to prove his entitlement due to inadequate ch....
The main legal point established in the judgment is the requirement for the propounder of a Will to remove suspicious circumstances surrounding the Will, failing which the Will may be deemed fabricat....
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