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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
K.V.Ramaraj – Appellant
Versus
K.V.Selvaraj – Respondent
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 son of the first defendant and in whose favour the first defendant had executed the sale deed and the 7th defendant is the purchaser from the sixth defendant.
2.2 The suit property belongs to late Vengadasamy Chettiar by virtue of a sale deed dated 05.07.1968. He constructed two storied RCC building and at the back portion he constructed a house. On 15.03.2000 the Vengadasamy Chettiar executed two sale deeds in favour of the first and fourth defendants and sold the house portion to the first defendant and the vacant site to the fourth defendant. The suit property still remains undivided and it i
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 father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
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 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.
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