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2011 Supreme(Mad) 1844
2011 (3) CTC 848
High Court of Judicature at Madras
S. PALANIVELU
P. Sundararama Reddy alias P.S. Reddy (died) & Others
Versus
A.S. Divyendar & Others
T.O.S.Nos.27 of 1998 & 12 of 2003
Decided on : 31-03-2011
For the Plaintiffs:P.B. Ramanujam, Advocate. For the Defendants:G. Nagarajan, Advocate.
The main legal point established in the judgment is the requirement to prove the execution and attestation of wills, the mental state of the testators, and the presence of suspicious circumstances to determine the validity of the wills.
Headnote:
Testamentary Original Suits - Letters of Administration - Indian Succession Act, 1925, Section 63 - The court analyzed the execution and attestation of the wills, the mental state of the testators, and the suspicious circumstances surrounding the wills. The court referred to legal principles from Shashi Kumar Banerjee v. Subodh Kumar Banerjee and others and Mrs. Joyce Primrose Prestor (Nee Vas) v. Miss Vera Marie Vas & Others to determine the validity of the wills. The court found that the will executed by Naga Vyjayanthi was not valid due to undue influence and coercion, and consequently, the will executed by Sundararama Reddy was also not valid.
Fact of the Case:
The Testamentary Original Suits were filed for grant of Letters of Administration. The suits involved wills executed by Naga Vyjayanthi and Sundararama Reddy, with disputes over the validity of the wills and the entitlement to the properties bequeathed.
Finding of the Court:
The court found that the will executed by Naga Vyjayanthi was not valid due to undue influence and coercion, and consequently, the will executed by Sundararama Reddy was also not valid. As a result, the court dismissed both suits without costs.
Issues: The issues revolved around the validity of the wills, the entitlement to the properties, and the grant of Letters of Administration.
Ratio Decidendi: The court applied legal principles from Shashi Kumar Banerjee v. Subodh Kumar Banerjee and others and Mrs. Joyce Primrose Prestor (Nee Vas) v. Miss Vera Marie Vas & Others to determine the validity of the wills, focusing on the execution and attestation of the wills, the mental state of the testators, and the presence of suspicious circumstances.
Final Decision: Both the suits in T.O.S.Nos.27 of 1998 and 12 of 2003 were dismissed without costs.
1. The Testamentary Original Suits are filed for grant of Letters of Administration.
2. The following are the contents found in the plaint in T.O.S.No.27 of 1998:-
2.(a) 1st plaintiff is the father of the testatrix of Will, one Naga Vyjayanthi @ P.N. Vyjayanthi. Since he died on 04.07.2000 during the pendency of the suit, his legal representatives, wife, mother and two daughters were impleaded as Plaintiffs 2 to 5. 1st defendant is the husband of the testatrix/deceased P.N. Vyjayanthi and 2nd defendant is their minor daughter by name Deekshita represented by father and natural guardian, 1st defendant. The minor child was 2 years at the time of execution of the will Ex.P.2 dated 24.4.1994. The testatrix died on 22.9.96 left as her next of kin and legal heirs, her husband and daughter, 1st and 2nd defendants respectively.
2.(b) The testatrix bequeathed the following movable and immovable properties to her father/1st plaintiff absolutely, in his absence to her mother/2nd plaintiff, in her absence to her daughter minor Deekshita and in her absence her two sisters viz., E. Lakshmi Sailaja and P.Lakshmi Thanuja, 3rd and 4th plaintiffs respectively:
1. Shop bearing Municipal Door No.9/1, North Usman Road, T.Nagar, Madras-17 comprised in Document No.2838 of 1968.
2. Kissan Vikas Patras and Indira Vikas Patras in T.Nagar H.P.O and Bank accounts in Canara Bank, Panagal Park and Canara Bank, Anna Nagar West Extension.
3. All jewellery weighing about sixty sovereigns in State Bank of India, Anna Nagar West in Locker No.445; Complete Pooja Set and two silver plates and glasses kept in her in-laws' house bearing Door No.395, School Road, Anna Nagar West Extension, Madras 600101.
4. Household articles at Bangalore bearing Door No.1120/A-2, 4th Main, Pipeline Road, Vijaya Nagar, Bangalore-40, such as Godrej Refrigerator, BPL TV, furniture and kitchenware.
2.(c) The plaintiffs undertake to duly administer the property and credits of the deceased Mrs.P.N. Vyjayanthi in any way concerning her will by paying first her debts and the legacies therein bequeathed (if any) so far as the estate will extend and to make a full and true inventory thereof and exhibit the same in this court within six months from the date of grant of Letters of Administration to the plaintiffs and also to render to the court a true and proper account of the said properties and credits within one year from the said date.
3. In the written statement filed by the defendants, the following are averred:-
3.(a) The suit is neither maintainable in law nor sustainable on facts, that the will dated 24.4.1994 alleged to have been executed by Mrs. Vyjayanthi is forged and concocted one, created with ulterior motives, that the plaintiffs have wilfully suppressed several facts, that at the instigation of the parents of Vyjayanthi there was some misunderstanding arose and consequently she was staying at her parents house from 7.10.1995 and in fact she had expressed her willingness to come back and join with defendant, but in the mean time the death news of Vyjayanthi was informed to this defendant on 22.09.1996 and that she fell from the building of Kasi R.K. Complex at T.Nagar and died.
3.(b) To the knowledge of the defendant, she did not create any will or any document relating to any property both movables or immovables, that the property bearing Door No.9/1, North Usman Road, T.Nagar, Madras, was originally owned by her maternal aunt, Mrs. Rajashri a famous cine actress, who had settled the same in favour of the defendant's wife while she was aged about 2 years, out of love and affection, that the income from the above said property was enjoyed by Vyjayanthi during her life time and she had made several deposits as well as possessed gold jewelleries and silver articles, that the defendant had received notice in O.P.No.646/1996 alleged to have been filed by the 1st plaintiff Sundararama Reddy, for the grant of probate of will dated 24.4.1994 alleged to have been executed by Vyjay
