Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
K.S.DINACHANDRAN S/o. LATE N.S.SREEDHARAN – Appellant
Versus
SHYLA JOSEPH W/o. JOSEPH – Respondent
JUDGMENT :
R.S.A. No.915 of 2012 has been filed by the 1st defendant in O.S. No.633/2011 on the files of the II Additional Sub Court, Ernakulam under Section 96 read with Order XLI Rule 1 and 2 of the Code of Civil Procedure, 1908, challenging the preliminary decree of partition passed in the above case dated 14.06.2012. The respondents herein are the plaintiff and other defendants.
2. R.F.A. No.82 of 2013 is also filed challenging the preliminary decree of partition in O.S. No.633/2011, at the instance of defendants 2, 3 and 5 to 8, arraying the plaintiff and other defendants as the respondents.
3. Heard the learned counsel for the appellants and the learned counsel appearing for the respondents, in detail. Perused the verdict under challenge and the records of the trial court.
4. Parties in these appeals shall be referred as“plaintiff” and “defendants” with reference to their status before the trial court.
5. Short facts:- The plaintiff instituted a suit seeking partition of the plaint schedule properties and to allot 1/9 share to her, contending that the plaint schedule properties were originally owned by one Sreedharan, who is the father of the plaintiff and defendants and he died i
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.
The burden to prove the validity of a Will lies with the propounder, and failure to meet statutory requirements results in its invalidation.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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 necessity for proving a Will through attesting witnesses is emphasized, particularly that one attesting witness must be examined unless valid exemptions apply under the law.
Section 71 of Act 1872 has no application in a case where one attesting witness who alone had been summoned fails to prove execution of Will.
The Will must be proved by at least one attesting witness as per Sections 68 and 63 of the relevant Acts. Section 71 offers a safeguard but cannot replace compliance with the core requirements.
The court established that a Will must comply with statutory requirements to be considered valid, emphasizing the importance of proper attestation and execution.
The court affirmed that the execution of a Will must comply with statutory requirements, particularly the necessity for attestation by witnesses who observe the testator's signature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
