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2024 Supreme(Mad) 2282
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT. TEEKAA RAMAN, J.
L. Dorothe Vimala @ Devadassou Poulle Dorathe Vimala - Appellant
Versus
The Manager Indian Overseas Bank Karaikal Branch - Respondent
A.S. No. 48 of 2023
Decided On : 30-10-2024
Advocate Appeared:
For the Appellant : K.V. Babu
For the Respondent: V. Rajeswari
The Will executed by the deceased is valid under the Indian Succession Act for Indian Christians, exempting it from probate requirements, thus entitling the plaintiff to access the fixed deposits and locker as per the Will.
Headnote:(A) Indian Succession Act - Section 213(ii) - Indian Evidence Act - Section 68 - Validity of Will - Plaintiff seeks declaration of entitlement to fixed deposits and access to a bank locker pursuant to a deceased's Will. Trial Court denies relief due to absence of specific recitals related to the accounts. Appellate Court finds the Will valid, ruling that probate is not required for Indian Christians, and that the detailed evidence supports the authenticity of the Will. (Paras 10-15)
(B) Evidence of witnesses - Court affirms the sound mental state of the testatrix during the Will's execution. The attesting witnesses confirm the process of execution and originality of the Will. Plaintiff's appointment as executor validated. (Paras 11-12)
(C) Nature of injunction - Injunctive relief granted for the release of funds as per the terms of the Will, addressing the responsibilities appointed to the plaintiff. (Paras 6, 15)
Facts of the case:
The plaintiff is a distant relative of the deceased, who executed a Will bequeathing her estate to charitable institutions and relatives. Upon her death in 2018, the plaintiff sought to fulfill the Will's execution regarding fixed deposits and a bank locker.
Findings of Court:
The Appellate Court finds the Will to satisfy the legal requirements and supports the plaintiff’s claims.
Issues: Court addresses the authenticity and execution validity of the deceased's Will, entitlement of the plaintiff to the fixed deposits, and appropriateness of injunctive relief.
Ratio Decidendi: Court affirms the validity of the Will executed by the testatrix, citing that under the Indian Succession Act probate is not a requirement for Indian Christians, thus entitling the plaintiff to all reliefs as stated in the Will.
Result: Appeal suit allowed; Trial Court's judgment set aside.
| Table of Content |
|---|
| 1. parties are addressed according to their status. (Para 1 , 2) |
| 2. case facts are detailed concerning the will and assets. (Para 4 , 5) |
| 3. court verifies the validity of the will. (Para 6 , 10 , 11 , 12) |
| 4. court concludes on the plaintiff's entitlement to relief. (Para 13 , 14 , 15) |
| 5. final decree and judgment pronounced. (Para 16 , 17) |
JUDGMENT :
RMT. TEEKAA RAMAN, J.
1. For the sake of convenience, parties are referred to herein as per their litigative status before the Trial Court.
2. The unsuccessful plaintiff is the appellant herein.
3(a) The plaintiff filed the suit for declaration to declare the plaintiff is entitled to receive the Fixed Deposit kept by the deceased Xavier Regina Marie with the defendant Bank under the Fixed Deposit for the purpose of distributing the amount to the relatives as per the terms of the Will of the said Xavier Regina Marie dated 09.01.2017 and for further declaration to declare that the plaintiff is entitled to open the Locker No.95 maintained by the deceased Xavier Regina Marie with the defendant Bank and to pass a mandatory injunction directing the defendant Bank to release the Fixed Deposits standing in the name of the deceased Xavier Regina Marie and for a mandatory injunction directing the defendant Bank to permit the plaintiff to open the Bank Locker No.255 maintained in the name of the deceased as per the Will of Xavier Regina Marie.
(b) The plaint proceeds on the basis that Smt. Xavier Regina Marie W/o Late Xavier Arockinathan is an account holder in Indian Overseas Bank, Karaikal, the defendant bank herein. The plaintiff is concerned that she is a distant relative of Smt. Xavier Regina Marie. Smt.Xavier Regina Marie was living at No.223, Church Street, Karaikal and died on 04.12.2018 in her home at Karaikal and her death was duly registered at Karaikal Municipality, vide Registration No.2018/01075.
(c) The plaintiff further submits that the said Xavier Arockianathan who is the husband of Xavier Regina Marie predeceased her even as early as on 08.09.1968 at Karaikal. Smt. Xavier Regina Marie has got three sons for Xavier Arokianathan and the names of the sons are 1. Xavier Alphonse Radjou Julien 2.Xavier Anna Antonie and 3. Xavier Theodore. All the three sons of Xavier Regina Marie died as bachelors and unmarried without leaving nd any heirs. The 2 son Xavier Anna Antonie died at France on 28.05.1998. The 1st son Xavier Alphonse Radjou Julien died at France on 06.05.2001 and their death were duly registered at France. The younger son Xavier Deothore also died on 07.11.2015 at Karaikal as unmarried and his death was duly registered at Karaikal Municipality. Therefore, all three sons and husband of Xavier Regina Marie predeceased her.
(d) The plaintiff further submits that Xavier Regina Marie was owning a residential house at Church Street, Karaikal and she has also kept fixed deposit amounts with the defendant bank, Karaikal. Since there was no legal heirs to Smt. Xavier Regina Marie, during her life time, on 09.01.2017, Smt. Xavier Regina Marie has duly executed a registered Will and the Will was duly registered at Sub- Registrar Office, Karaikal in document No.16/2017 and the Will was executed in the presence of competent witnesses. The Will dated 09.01.2017 is the last Will of Smt. Xavier Regina Marie which has not been cancelled or modified during her life time.
(e) According to terms of the Will, Xavier Regina Marie bequeathed her residential house to Holy Lady of Angel’s Church at Karaikal and in respect of fixed deposit amounts kept by her with the defendant bank, she bequeathed various amounts to her relatives and several charitable institutions. In her Will, Xavier Regina Marie expressively declared that since she has no direct descendants to inherit her movable and immovable properties and deposit amounts, she wanted to bequeath her house property to church and fixed deposit amounts to her relatives and charitable institutions. The details of deposits made by Smt.Xavie
