Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.Pratheep Kumar
Thanka, W/O. Mannakattil Kunjunni @ Kochukrishnan – Appellant
Versus
Vijayalakshmi, D/O. Late Mannakattil Kunjunni @ Kochukrishnan – Respondent
| Table of Content |
|---|
| 1. plaintiffs claim partition based on intestacy. (Para 2 , 3 , 4) |
| 2. court addresses the issues of evidentiary burden. (Para 5 , 6) |
| 3. defendants' burden to prove execution of documents. (Para 8 , 10 , 12 , 15) |
| 4. appellate court's discretion to allow additional evidence. (Para 16 , 18 , 19) |
| 5. matter remanded for further evidence. (Para 24 , 25) |
JUDGMENT :
The defendants in O.S.1263/2011 on the file of the II Additional Sub Court, Thrissur, are the appellants. ((For the purpose of convenience the parties are hereafter referred to as per their rank before the trial court.).
3. In the written statement filed by the defendants they have contended that during the life time, Kunjunni assigned 14 cents from plaint schedule item No.2 in favour of the 3rd defendant and regarding the remaining property in item No.2 and regarding item No.1 property he had executed Ext.B1 Will dated 21.5.1982. Therefore, according to them, the plaint schedule properties are not available for partition. Accordingly, they prayed for dismissing the suit. Thereafter, the plaint was amended incorporating the pleadings denying execution of Ext.B1 Will as well as Ext.B12 settlement deed. The prayer was al
The appellate court allowed a remand for further evidence to prove the execution of documents, emphasizing the importance of fair trial rights under the Evidence Act.
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.
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.
A Will can be validated by the testimony of one attesting witness if it meets the statutory requirements, even if the other witness is unavailable or does not support the execution.
The main legal point established in the judgment is that the proof of execution of a registered Will requires the examination of attesting witnesses in court or their summoning under Order 16 Rule 10....
The court upheld the validity of a Will executed under the Indian Succession Act, emphasizing the discretion of the Trial Court in evaluating evidence and the necessity for parties to cooperate in le....
The burden to disprove a Will lies with contesting parties after the propounder meets initial proof requirements; mere non-registration or signature comparison is insufficient to establish suspicious....
Point of law : Section 68 only envisages the examination of one among the two attestors to establish the execution of Will.
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
