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N. MALA
Bommi – Appellant
Versus
Dhinakaran – Respondent
JUDGMENT :
Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure Code, 1908 to set aside the Judgment and Decree dated 20.02.2020 passed in A.S.No.31 of 2016 on the file of the II Additional District Court, Vellore @ Ranipet confirming the Judgment and Decree dated 15.06.2016 passed in O.S.No.517 of 2014 on the file of Subordinate Court, Arakonam.
1. This Second Appeal is filed to set aside the Judgment and Decree dated 20.02.2020 passed in A.S.No.31 of 2016 on the file of the II Additional District Court, Vellore @ Ranipet confirming the Judgment and Decree dated 15.06.2016 passed in O.S.No.517 of 2014 on the file of Subordinate Court, Arakonam.
2. The unsuccessful plaintiffs are the appellants in the Second Appeal.
3. The Second Appeal is filed against the confirming judgment and decree of the lower appellate court in dismissing the suit for partition of the plaintiff.
4. The parties will be referred to as per their rank in the trial court.
5. The summary of facts leading to the Second Appeal are as follows:
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 court established that the validity of a Will must be proven in accordance with the statutory requirements of execution and attestation, and that the presence of suspicious circumstances requires....
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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.
The burden to prove the execution of a Will and the free will of the testator lies on the propounder. The propounder must establish attestation and remove suspicious circumstances affecting the genui....
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
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