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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
T. Rajeshwari – Appellant
Versus
P. Karunambigai – Respondent
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
The present Second Appeal is preferred against the judgment and decree dated 17.06.2025 in A.S. No.17 of 2024 on the file of I Additional District Court, Coimbatore, confirming the judgment and decree dated 22.01.2024 passed in O.S. No.39 of 2010 on the file of the Sub Court, Pollachi.
2. The 1st respondent, as plaintiff, filed the above suit for partition, claiming 1/3rd share in the suit properties and for separate possession.
3. The plaintiff and the defendants 1 and 2 are the sisters of one Thirugnana Shanmugam and the 3rd defendant is the wife of the said Thirugnana Shanmugam.
4. According to the plaintiff, one Mylsamy Gounder was the absolute owner of the suit properties situate in Naickenpalayam Village, Pollachi Taluk. He and his wife, Valliammal had four daughters, namely, Karunambigai, Vijayalakshmi, Tamilarasi and Indirani and one son Thirugnana Shanmugam. After the demise of Mylsamy Gounder, his wife and four daughters executed a release deed dated 25.11.1981 in favour of Thirugnana Shanmugam, who thereafter married one Rajeswari, who is the appellant herein. The said Thirugnana Shanmugam passed away on 24.01.2010. During his life ti
The main legal point established in the judgment is that the proof of execution of a registered Will requires the examination of attesting witnesses in court or their summoning under Order 16 Rule 10....
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 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....
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
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.
The court established that a Will must comply with statutory requirements to be considered valid, emphasizing the importance of proper attestation and execution.
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