Back
R. SAKTHIVEL
K. M. Muthusamy – Appellant
Versus
Gokul Raghukumar – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated January 30, 2018 passed in A.S.No.105 of 2017 by the learned II Additional District Judge, Erode reversing the Judgment and Decree dated December 22, 2016 passed in O.S.No.172 of 2013 by the learned Subordinate Judge, Perundurai.
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated January 30, 2018 passed in A.S.No.104 of 2017 by the learned II Additional District Judge, Erode reversing the Judgment and Decree dated December 22, 2016 passed in O.S.No.318 of 2009 by the learned Subordinate Judge, Perundurai.
The Second Appeal in S.A.No.81 of 2019 is directed against the Judgment and Decree dated January 30, 2018 passed in A.S.No.105 of 2017 by the 'II Additional District Court, Erode' [henceforth 'First Appellate Court'] reversing the Judgment and Decree dated December 22, 2016 passed in O.S.No.172 of 2013 by the 'Subordinate Court, Perundurai' [henceforth 'Trial Court'].
2. The Second Appeal in S.A.No.82 of 2019 is directed against the Judgment and Decree Januar
The court reaffirmed that joint family properties cannot be unilaterally declared separate through a Will, especially when surrounded by suspicious circumstances regarding its execution.
The judgment establishes that a will executed shortly before a testator's death can be valid if it meets the statutory requirements and the propounder successfully dispels any suspicious circumstance....
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
The court clarified that properties must be inherited or acquired from a joint family nucleus to be classified as ancestral under Hindu law, rejecting claims based solely on joint acquisition.
The court affirmed that admissions made during trial are binding, and ancestral properties cannot be dismissed based on a registered Partition Deed that does not negate the rights of coparceners.
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 father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
The burden of proof lies with the plaintiff to establish that the properties are ancestral, and evidence must be pleaded and proved through evidence.
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
