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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
A. Devaraj S/o. Late Arumugam – Appellant
Versus
Vasanthi W/o. Deivasigamani – Respondent
| Table of Content |
|---|
| 1. background of the case concerning a will. (Para 2 , 3 , 4 , 5) |
| 2. testimony regarding will execution's validity. (Para 6 , 11 , 12 , 13 , 16) |
| 3. mental capacity of the testatrix. (Para 18 , 19 , 20) |
| 4. exclusion in testamentary dispositions. (Para 22 , 26 , 27) |
| 5. burden of proof regarding the will. (Para 46 , 47) |
| 6. final verdict and restoration of trial court's decree. (Para 53 , 54) |
JUDGMENT :
A.D. MARIA CLETE, J.
1. Heard.
2. This Second Appeal is directed against the judgment and decree dated 01.10.2013 made in A.S.No.33 of 2013 on the file of the learned Principal District Judge, Erode, reversing the well-considered judgment and decree dated 17.01.2013 passed in O.S.No.198 of 2010 by the learned II Additional Subordinate Judge, Erode.
3.The appellant is the defendant and the respondent is the plaintiff before the trial court. For the sake of convenience parties to be referred to as per their ranks before the trial court.
4.Case in Brief: The plaintiff and defendant are daughter and son of one late Papathi. The suit properties originally belonged to the said Papathi under a registered partition deed dated 13.09.1990. On her death on 22.12.2002, the plaintiff claimed ha
The due execution and attestation of a will, once proven, cannot be nullified by mere suspicion unless substantial evidence of invalidity is presented.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
A Will's validity requires proof of its execution; mere allegations of forgery or suspicious circumstances are insufficient without substantial evidence to counter the probative force of the register....
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
The propounder of a Will bears the burden of proof, ensuring valid execution, while the court must evaluate suspicious circumstances surrounding such documents based on established legal principles.
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