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V. LAKSHMINARAYANAN
Marathal (Died) – Appellant
Versus
Kanniammal (Died) – Respondent
JUDGMENT
The present Second Appeal arises out of the judgment and decree, dated 30.06.2011, passed by the Court of the Principal Subordinate Judge at Tiruppur in A.S.No.14 of 2009 in reversing the judgment and decree of the Court of the District Munsif–cum–Judicial Magistrate at Palladam in O.S.No.235 of 2006 dated 29.01.2009. The 1st appellant before me is the plaintiff in the suit in O.S.No.235 of 2006.
2. For the sake of convenience, the parties will be referred to as per their rank in the suit.
3. One Vellapa Gounder married one Palaniammal. From the wedlock, three daughters and one son were born. The daughters are Kanniyammal, Chinnammal, Marathal and the son is one Marappan. The plaintiff/Marathal is the youngest of three sisters. For easy understanding, the genealogy chart is extracted hereunder :
4. Palaniammal purchased Item I of the suit schedule mentioned property on 12.05.1946. Item II of the suit schedule mentioned property was purchased by her on 31.07.1947. Both the purchases were made after the death of her husband/Vellappa Gounder on 24.03.1944. There is no dispute that she was the absolute owner of the property.
5. Accepting the relationship between the parties, the p
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
The presumption under Section 90 of the Indian Evidence Act does not apply to Wills, necessitating proof of execution and attestation by the propounder.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
A Will must be proved in accordance with Sections 63(c) and 68 of the Succession Act, and Section 90 of the Evidence Act does not apply to Wills.
Point of Law : Legal position by explaining the rule of per incuriam, relevancy and binding precedent of ratio decidendi laid down in an earlier judgment of co-equal Bench or a larger Bench.
Exhibiting Wills relies on witness testimony as dictated by Sections 63 and 68 of the Indian Evidence Act; Section 90's applicability is denied for Wills requiring attestation.
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