Back
P. B. BALAJI
N. M. Narayanan @ Muthucaruppan – Appellant
Versus
M. Ramanathan – Respondent
JUDGMENT :
Prayer: Testamentary Original suit filed under Sections 232 and 276 of the Indian Succession Act of XXXIX of 1925 for the grant of Letters of Administration. Against this petition a Caveat was filed on 11th day of February 2009 by the Caveators above named. The supporting affidavit was filed on the 11th day of February 2009. As per order of Court dated 29.06.2010 in O.P.No.51 of 2009, the Original Petition is directed to be converted into Testamentary Original Suit.
Prayer: This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules r/w Order VII Rule 1 of the Code of Civil Procedure, prayed for a judgment and decree against the Defendants:-
a) pass a preliminary decree declaring 1/6th share each of the plaintiffs in the schedule mentioned property;
b) to appoint an Advocate Commissioner to divide the property by metes and bounds and allot one sixth share to each of the plaintiffs;
c) to pass such further or other orders and render justice and
d) to award costs of the proceedings.
The Original Petition No.51 of 2009 was initially filed seeking grant of Letters of Administration of the last Will and testament of Chittal Achi. However, after caveat being filed by th
The court upheld the validity of a registered Will, ruling that the burden of proof for allegations of forgery lies with the defendants, which they failed to meet.
The court affirmed that a registered Will is presumed valid unless substantial evidence proves otherwise, and mere disinheritance does not imply undue influence.
The court confirmed the validity of a Will executed in a sound mind, emphasizing the challenger’s burden to prove invalidity, which was not met in this case.
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.
A valid Will must be substantiated by necessary evidence, including attestation by two witnesses; failure results in equal partition rights among legal heirs.
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
(1) When a Will is allegedly shrouded in suspicion, its proof ceases to be a simple lis between plaintiff and defendant.(2) Genuineness of Will must be proved by proving intention of testator to make....
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
Secondary evidence – Neither mere admission of a document in evidence amounts to its proof nor mere making of an exhibit of a document dispense with its proof, which is otherwise required to be done ....
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
