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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Sakthivel
D.Ranganayaki – Appellant
Versus
N.Govindarajan – Respondent
JUDGMENT :
R. Sakthivel, J.
This Second Appeal is directed against the Judgment and Decree dated January 29, 2019 passed in A.S.No.57 of 2014 by the 'First Additional Sub Court, Coimbatore' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated February 27, 2013 passed in O.S.No.1894 of 2007 by the ‘I Additional District Munsif, Coimbatore'['Trial Court' for brevity] was reversed.
2. For the sake of convenience, hereinafter, the parties Will be referred to as per their array in the Original Suit.
PLAINTIFFS' CASE
3. The Suit Property, a residential house, along with a larger extent of properties originally belonged to one Narayanan by virtue of Release Deed dated November 2, 1963 [Registered in Document No.6238/1963]. The plaintiffs are the daughters while the defendants are the sons of the said Narayanan. The plaintiffs are in possession and enjoyment of the Suit Property. While so, Narayanan executed a Registered Will dated March 31, 1999 in favour of the plaintiffs bequeathing the Suit Property. Post his demise on February 20, 2007, the Registered Will was duly implemented and acted upon. Since then, the first plaintiff is residing in the Suit Property with the
The burden of proving a Will lies with the propounder, and compliance with procedural requirements under the Indian Evidence and Succession Acts is crucial for its validity.
The court affirmed that a Will can be validated under Section 69 of the Indian Evidence Act when attestors are deceased, shifting the burden of proof to the opposing party.
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 main legal point established in the judgment is that the validity of a Will must be proved in accordance with the law, and in its absence, the rights of the parties are governed by the applicable....
The burden of proof for a Will lies with the propounder, requiring clear evidence against suspicious circumstances surrounding its creation.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
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