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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.A. Nakkiran, J
K. Manjula – Appellant
Versus
P.K. Rajasekaran – Respondent
JUDGMENT :
A.A. NAKKIRAN, J.
Originally, OP.No.357 of 2008 has been filed praying for grant of Letters of Administration in respect of Last Will executed by deceased P.A.Krishnamurthy in favour of his daughter/Legatee under the Will of the deceased. On filing caveat, OP.357 of 2008 was converted into TOS.No.15 of 2013 by order of the Court dated 03.04.2012.
2.The case of the Plaintiff, as set out, in TOS is as follows:
a).The plaintiff-K.Manjula is the daughter of deceased P.A.Krishnamurthy. The said Krishnamurthy died on 06.03.2007 at Old No.35/2, New No.16, M.I.G.Flats, 12th Avenue, Ashok Nagar, Chennai-83 leaving behind his sons, the defendants 1 and 2 herein and one Balusamy and his daughter, the plaintiff herein as his legal heirs. The wife of deceased P.A.Krishnamurthy pre-deceased to him.
b)While the deceased P.A.Krishnamurthy was alive, he executed his Last Will and Testament on 03.11.1994 in the presence of two witnesses bequeathing the property described in the schedule of the Will in favour of his daughter, the plaintiff herein for her life time absolutely and during her life time, the property will not be alienated and in case, after her demise, the property will devolve abs
The court affirmed the validity of the Will executed by the deceased, ruling that it was genuine and not executed under undue influence, thus granting Letters of Administration to the plaintiff.
The court ruled that the plaintiffs failed to prove the genuineness of the Will due to suspicious circumstances and inadequate evidence, leading to the dismissal of the Testamentary Original Suit.
The court upheld the validity of a Will executed by the deceased, affirming that it was made in a sound state of mind and properly attested, thus granting Letters of Administration to the plaintiffs.
The burden of proof lies on the plaintiff to establish the validity of a will, which was not met due to discrepancies and suspicious circumstances surrounding its execution.
The burden of proving the genuineness of a will lies with the propounder, and in the presence of suspicious circumstances, the propounder must satisfactorily explain them to the court.
(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....
The court affirmed the validity of a Will executed by the deceased, granting Letters of Administration to the plaintiff based on unchallenged evidence.
Probate of Will – Probate proceeding is not merely inter-partes proceeding but leads to judgment in rem and even when no one contests, it does not ipso facto lead to grant of probate – Probate is gra....
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....
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