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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.JUSTICE ANITA SUMANTH, Mr.JUSTICE C.KUMARAPPAN, JJ
Tmt. V.Kasthuri – Appellant
Versus
V.Dayalan – Respondent
JUDGMENT :
(Judgment of the Court was delivered by C.KUMARAPPAN, J.)
2. For the sake of convenience, the parties will be referred to according to their litigative status before the learned Single Judge.
3. The brief facts which give rise to the instant OSA are as follows:-
(a). One Mr.Venugopal Naidu is the absolute owner of the suit property. He had 3 daughters and two sons. The plaintiff V.Dayalan and the 4th defendant V.Pragasam are his sons. The first defendant V.Thayarammal is his wife, and the defendants 2, 3 and 5 viz., V.Kasthuri, V.Jothi and V.Lakshmi are his daughters. Mr.Venugopal Naidu died on 01.06.2004. According to the plaintiff, his father Mr.Venugopal Naidu executed a Will dated 10.05.1996, and bequeathed “B” and “C” schedule properties of the Will to the plaintiff and the 4th defendant herein respectively. According to the Will, the plaintiff's mother Thayarammal was given life estate of “B” and “C” schedule properties, which is described as “A” schedule property.
The court affirmed the validity of a Will executed under the Indian Succession Act, emphasizing that exclusion from succession does not imply suspicion if justified, and that delays in filing suits c....
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 validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
Will proved by attesting witness establishing execution, sound mind; challengers fail to substantiate suspicious circumstances like infirmities, unequal bequest without evidence such as medical recor....
The Propounder of a will must prove due execution and sound mind of the testator, especially in the presence of suspicious circumstances; failure to do so results in dismissal.
The propounder of a Will must prove its execution and validity, and the presence of suspicious circumstances must be specifically pleaded by the opposing party to shift the burden of proof.
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