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P. T. ASHA
K. Mahendran – Appellant
Versus
R. Sarojini – Respondent
JUDGMENT :
P.T. ASHA, J.
PRAYER: Original Petition filed under Sections 222 and 276 of the Indian Succession Act and XXXIX of 1925 and Order XXV Rule 4 of the Original Side Rules praying to allow to prove the Will in common form and that probate thereof to have effect throughout the state of Tamil Nadu.
1. The plaintiff had originally filed O.P. No. 444 of 1995 for the grant of Probate in respect of the Will dated 15.01.1995 executed by S. Karuppiah Pillai, the father of the plaintiff/petitioner. The plaintiff/petitioner has also impleaded the other legal representatives of Late Karuppiah Pillai, namely, his 2nd wife, daughters and son through his first wife and the sons through the 2nd wife, namely, as the 1st respondent as respondents in the Original Petition.
2. The 2nd and 4th respondents had filed a Caveat and therefore, the Original Petition was converted into Testamentary Original Suit and the respondents 2 and 4 were the only defendants in the Testamentary Original Suit.
3. The 1st defendant had filed a Written Statement inter alia contending that the Will had been obtained by undue influence and duress at the hands of the plaintiff. The 1st defendant would state that considerin
The main legal point established in the judgment is the requirement to prove the sound and disposing state of mind of the testator in executing a Will, as per the provisions of the Indian Succession ....
The court established that a Will must be executed in accordance with the provisions of the Indian Succession Act, requiring attestation and confirmation of the testator's mental capacity.
The main legal point established in the judgment is the validity and execution of a Will in accordance with the Indian Succession Act, XXXIX of 1925 and the Indian Evidence Act, 1872.
The validity of a Will requires clear evidence of revocation of prior Wills and the testator's mental fitness at execution; suspicious circumstances must be adequately addressed.
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