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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
D. Pappathy – Appellant
Versus
D. Arumugam – Respondent
JUDGMENT :
1. The present Second Appeal arises out of the judgment and decree dated 22.02.2013 passed in A.S. No. 17 of 2012 on the file of the learned Principal District Judge, Coimbatore reversing the judgment and decree dated 29.09.2011 made in O.S. No. 212 of 1993 on the file of the learned I Additional Subordinate Judge, Coimbatore.
2. The Plaintiff in O.S. No. 212 of 1993 is the Appellant in this Appeal. She has filed the suit as against the Defendants 1 to 13 for a partition to divide the plaint described property into 6 equal shares with reference to good and bad soil, allot one such share to her, to appoint an Advocate Commissioner to divide the suit properties and to allot the legitimate share to her, to direct the Defendants to pay the future mense profits till the date of allotment and for costs.
3. It is stated in the plaint that the Plaintiff, Defendants 1, 2, 3, 8 and late. Chinnasamy are the children born to late. Dasa Gounder. In other words, the deceased Dasa Gounder had 4 sons and 2 daughters. The Defendants 4, 5, 6 and 7 are the legal heirs of the deceased Chinnasamy, brother of the Plaintiff. On 29.11.1998, the said Dasa Gounder died leaving behind the Plaintiff a
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
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 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 father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
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.
The court reaffirmed that a will must be proven free of suspicious circumstances, particularly when it excludes dependents with known health issues, rendering the presented will invalid.
Proof of execution of Will – Mere registration of Will would not attach to it stamp of validity and it must still be proved in terms of legal mandates under provisions of Section 63 of Succession Act....
The court affirmed the validity of a Will and upheld its execution despite claims of suspicion, indicating that the exclusion of a child does not inherently nullify a Will.
The mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
The court ruled that the validity of a Will under the Indian Succession Act requires strict compliance with execution standards, and civil courts lack jurisdiction over intestate succession matters.
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