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P. B. BALAJI
K. Chandrakanthan – Appellant
Versus
Nargis – Respondent
JUDGMENT :
(P.B. Balaji, J.)
(Prayer: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.11.2017 passed in A.S.No.13 of 2016 on the file of the Principal District and Sessions Court, Thiruvarur, confirming the judgment and decree dated 09.09.2016 made in O.S.No.62 of 2014 on the file of the Subordinate Court, Thiruvarur.)
This Second Appeal has been filed against the judgment and decree dated 30.11.2017 passed in A.S.No.13 of 2016 on the file of the Principal District and Sessions Court, Thiruvarur, confirming the judgment and decree dated 09.09.2016 made in O.S.No.62 of 2014 on the file of the Subordinate Court, Thiruvarur.
2. The unsuccessful plaintiff in a suit for declaration and permanent injunction is the appellant herein.
3. The parties are described as per their litigating status before the Trial Court.
4. The brief facts that are necessary for deciding the present Second Appeal are as follows:
According to the plaintiff, the 1st item of the suit property was owned by Sellammal, she having purchased the same, under a registered Sale Deed dated 28.05.1987. The said Sellammal had constructed a RCC house along with shed and
The court ruled that mere suspicion cannot invalidate a duly executed Will, emphasizing the burden of proof lies on those contesting its validity.
The main legal point established in the judgment is the burden of proof on the propounder to establish the due execution and validity of a Will, while also addressing and removing suspicious circumst....
The burden of proof for a Will lies with the propounder, requiring clear evidence against suspicious circumstances surrounding its creation.
Will – Mode of proving Will does not ordinarily differ from that of any other document except as to special requirement of attestation prescribed in Section 63 of Indian Succession Act.
The propounder of a Will bears the burden of proof, ensuring valid execution, while the court must evaluate suspicious circumstances surrounding such documents based on established legal principles.
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.
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
The due execution and attestation of a will, once proven, cannot be nullified by mere suspicion unless substantial evidence of invalidity is presented.
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