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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Sitalakshmi Ramanathan (Deceased) Indira Jayaraman – Appellant
Versus
R.Nagarajan – Respondent
JUDGMENT :
C.V. Karthikeyan, J.
The 2nd defendant / Indira Jayaraman in T.O.S.No.34 of 2015, aggrieved by the judgment and decree dated 04.12.2024 passed by a learned Single Judge of this Court, is the appellant herein.
2.The respondent, R.Nagarajan, had filed O.P.No.22 of 2015 before the Original Side of this Court under Sections 232 and 276 of the Indian Succession Act, 1925 seeking Letters of Administration to be granted to administer the estate of K.Ramanathan who died on 05.11.1996 leaving behind a Will dated 04.02.1985 executed and registered at the Sub-Registrar Office, Anna Nagar, Chennai.
3.In the Original Petition, the respondent, R.Nagaraj who was the petitioner had impleaded his mother Mrs.Sitalakshmi Ramanathan, Mrs.Prema Sitaraman and Mrs.Indira Jayaraman and also Mrs.Usha Chandrasekar, Mr.Karthik Chandrasekar and Mrs.Niranjana Chandrasekar the legal representatives of C.R.Chandrasekar his deceased brother as respondents.
4.Among the said respondents, Mrs.Sitalakshmi Ramanathan and Mrs.Indira Jayaraman had filed caveat raising objections for the grant of Letters of Administration and consequently O.P.No.22 of 2015 was converted as T.O.S.No.34 of 2015 by order of a learned
Registered Will's genuineness presumed; proof under Evidence Act Sections 68/69 via signature identification by witnesses suffices when attesting witnesses unavailable; disputing party must prove sus....
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The court upheld the Will as valid, having been executed in a sound mind with proper attestation, shifting the onus to defendants to prove forgery, which they failed to do.
The main legal point established in the judgment is the fulfillment of statutory requirements for proving the authenticity of a Will, including the mental capacity of the testator and the testimony o....
The failure to meet the statutory requirements for proving a Will under Section 68 of the Evidence Act leads to its invalidity, resulting in intestate succession applying instead.
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