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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
S.P.Vijaykumar, S/o. S.K. Parandaman – Appellant
Versus
Padmavathy, W/o. S.K. Parandaman – Respondent
| Table of Content |
|---|
| 1. succession and party roles (Para 1 , 2 , 3 , 4 , 5) |
| 2. judgment summary and outcomes (Para 6 , 7) |
| 3. contentions regarding will execution (Para 9 , 10) |
| 4. criteria for will validation (Para 13 , 14) |
| 5. suspicious circumstances in will validation (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. equal shares dictated by intestate succession (Para 27) |
| 7. final order and dismissal of appeals (Para 28 , 29) |
JUDGMENT :
OSA No.15 of 2025 has arisen against the judgment and decree passed in Tr.C.S.No.802 of 2016. Similarly, OSA.No.16 of 2025 has arisen against the order passed in TOS.No.6 of 2023. Since the parties and the subject matter involved in both the suits are one and the same, the learned Single Judge thought it fit to dispose of the above suits by a common order dated 02.09.2022. Therefore, it becomes appropriate for us to dispose both the OSAs simultaneously.
3.The brief facts which are necessary for the disposal of the present OSAs is that one S.K. Parandaman was the absolute owner of the suit property. His wife is Smt.Padmavathy. They have three sons by name S.P.Krishnakumar, S.P. Vijayakumar and S.P.Thirulok Kumar. Among the legal heirs, S.P.Krish
A Will must satisfy specific evidentiary requirements to be valid; failure to prove attestation leads to intestate succession among legal heirs.
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 court affirmed that a registered Will is presumed valid unless substantial evidence proves otherwise, and mere disinheritance does not imply undue influence.
The main legal point established in the judgment is that the admissibility and proof of a Will should adhere to the mandate prescribed under the Evidence Act, and examination of attesting witnesses i....
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 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.
(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 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.
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