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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI
M. Ramadoss – Appellant
Versus
M. Sarada Devi – Respondent
| Table of Content |
|---|
| 1. valid execution of wills (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defendants' claims against wills' validity (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. evidence concerning wills' execution (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. suspicious circumstances surrounding wills (Para 31 , 32 , 33 , 34 , 35) |
| 5. requirement of proving wills under law (Para 36 , 37 , 38 , 39 , 40) |
| 6. assessment of evidence from witnesses (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. relationship dynamics affecting will execution (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 8. final judgment on wills' validity (Para 59 , 60 , 61 , 62 , 63) |
| 9. final judgment invalidates the joint wills due to suspicious circumstances. (Para 64) |
JUDGMENT :
P.B. BALAJI, J.
1. All these suits are relating to the last Wills executed by Mariammal and Madurai Muthu.
2. TOS. No.10 of 2016, arises out of OP No.631 of 2012 where the plaintiff as petitioner has sought for grant of letters of administration of the last Will and Testament of Late Mariammal and Madurai Muthu who died on 14.07.2006 and 01.06.2010 respectively, leaving behind a Will dated 21.09.2001,executed in the pres
Validity of Wills requires clear proof of execution and attestation as mandated by law; suspicious circumstances surrounding a Will can invalidate it unless dispelled satisfactorily by the propounder....
(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 propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The court upheld the validity of a registered Will, ruling that the burden of proof for allegations of forgery lies with the defendants, which they failed to meet.
The main legal point established in the judgment is the fulfillment of statutory requirements for proving the authenticity of a Will, including the mental capacity of the testator and the testimony o....
A person is free to make as many Wills as he wishes – Once Court certifies a particular Will to be genuine and puts its seal of approval thereon, all previous Wills automatically stand nullified.
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