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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
K.V.Ramaraj – Appellant
Versus
K.V.Selvaraj – Respondent
| Table of Content |
|---|
| 1. partition claim by legal heirs. (Para 1 , 2) |
| 2. first defendant's claim based on alleged will. (Para 3 , 6) |
| 3. the trial and appellate courts find the will's execution and validity supported by evidence. (Para 5 , 12) |
| 4. suspicious circumstances surrounding the will. (Para 7 , 8 , 9) |
| 5. burden of proof lies on propounder of the will. (Para 10 , 15 , 21) |
| 6. testator's intent and soundness of mind. (Para 13 , 26 , 27) |
| 7. the burden of proof concerning the will's genuineness lies on the first defendant. (Para 19 , 23) |
| 8. court confirms dismissal of partition suit. (Para 32 , 33 , 34) |
JUDGMENT :
R.N. MANJULA, J.
The appellant is the plaintiff, who has filed the suit for partition claiming 1/6th share. The trial Court had dismissed the suit and the first appeal preferred by the plaintiff, also got dismissed. Aggrieved over that, the plaintiff has preferred the second appeal.
2. The short facts pleaded in the plaint are as under:-
The plaintiff is the son of late Vengadasamy Chettiar, who died intestate. The defendants 1, 2, 3, 4 and the plaintiff are the sons and the 5th defendant is the daughter of the deceased Vengadasamy Chettiar. The defendant No.6 is the purchaser and the so
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.
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
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.
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.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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 established that a Will must comply with statutory requirements to be considered valid, emphasizing the importance of proper attestation and execution.
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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