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P. B. BALAJI
E. Rajalakshmi – Appellant
Versus
C. Jaichander – Respondent
JUDGMENT :
Prayer: Original Petition has been filed under Sections 222 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 April 2011 by the Caveator above named. The supporting affidavit was filed on 11th day of April 2011. As per order of Court dated 29.02.2012 in O.P.No.913 of 2010, the Original Petition is directed to be converted into Testamentary Original Suit.
The Original Petition No.913 of 2010 was initially filed seeking grant of Letters of Administration with certified copy of the Will dated 09.07.1995, executed by Dr.C.Bagyalakshmi in favour of the petitioner, one of the legatees under the Will.
2. The son of the testatrix, Dr.C.Bagyalakshmi objected to the grant of Letters of Administration and filed a Caveat, in pursuance of which, the Original Petition was converted into the above Testamentary Original Suit.
3. The brief necessary facts culled out from the petition/plaint are as hereunder:
The deceased, Dr.C.Bagyalakshmi executed her last Will and testament on 09.07.1995. The said Dr.C.Bagyalakshmi died on 06.09.1995 and the Will was executed by her in a sound disposing s
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
The validity of a will must be proved by clear evidence, including testimony from attesting witnesses; failure to do so, alongside suspicious circumstances, results in dismissal of testamentary claim....
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
The failure to meet the statutory requirements for proving a Will under Section 68 of the Evidence Act leads to its invalidity, resulting in intestate succession applying instead.
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.
A holographic Will is presumed valid unless strong evidence is presented to the contrary. Delays in seeking letters of administration do not invalidate the Will if the right to apply arises from lega....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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