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ABDUL QUDDHOSE
Lingaraj – Appellant
Versus
M. Girija – Respondent
JUDGMENT :
Prayer in S.A.No.644 of 2021: Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 21.09.2020 passed in A.S.No.17 of 2018 on the file of the Additional District Court, Namakkal, by partly reversing the judgment and decree dated 08.12.2017 made in O.S.No.240 of 2010 on the file of the Subordinate Court, Tiruchengode.
Prayer in Cross.Obj.No.41 of 2023: Cross objection is filed under Order 41 Rule 22 of CPC read with Section 100 of CPC against the judgment decree dated 08.12.2017 made in O.S.No.240 of 2010 on the file of the Subordinate Court, Tiruchengode.
This second appeal was admitted by this Court on 26.11.2021 by formulating the following substantial questions of law:-
(ii) Whether omission to mention in Ex.B1 Will about Ex.X1 Will would create suspicion in the genuineness of Ex.B1 Will?
(iii) Whether the Lower Appellate Court is right in law in holding that the first
The registration of a Will provides assurance of its genuineness, and the absence of reference to a prior Will in a subsequent unregistered Will raises suspicion regarding its validity.
The court established that a Will must comply with statutory requirements to be considered valid, emphasizing the importance of proper attestation and execution.
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 burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
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 mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
The court affirmed the validity of a Will and upheld its execution despite claims of suspicion, indicating that the exclusion of a child does not inherently nullify a Will.
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