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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
G. Premkumar – Appellant
Versus
Rama Mohana Rao – Respondent
| Table of Content |
|---|
| 1. will execution context and respondents. (Para 2 , 3) |
| 2. concerns about the validity of the will. (Para 4 , 20 , 21 , 22 , 24 , 40) |
| 3. evaluation of evidential standards in will execution. (Para 9 , 10 , 12 , 15) |
| 4. requirements for attestation and execution of wills. (Para 46 , 48 , 52 , 57) |
| 5. judgment upholding the learned single judge's decree. (Para 60) |
JUDGMENT :
C.V. Karthikeyan, J.
The defendant in T.O.S.No.21 of 2024 on the file of the Original Side of this Court aggrieved by the judgment and decree dated 16.08.2024 passed by a learned Single Judge of this Court is the appellant herein.
2.The respondent herein, Rama Mohana Rao in his status as Executor of the last Will and testament of G.Sarojini had filed O.P.No.648 of 2019 for grant of probate of the Will dated 09.02.1996, said to have been executed by the testatrix, G.Sarojini. The respondents in the Original Petition, G.Premkumar, G.Jawahar and G.Rajkumar were sons of late G.V.N.Rayudu and the testatrix of G.Sarojini. G.V.N.Rayadu died on 17.03.1992. G.Sarojini died on 26.07.2016. It was claimed in the Original Petition that she had executed a Will on 09.02.1996 in the presence of two witnesses G.Narayanan an
Will proved by attesting witness establishing execution, sound mind; challengers fail to substantiate suspicious circumstances like infirmities, unequal bequest without evidence such as medical recor....
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 satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The propounder of a will must remove all suspicious circumstances surrounding its execution, particularly when natural heirs are excluded from the bequest. Failure to prove due execution and disregar....
The court emphasized that a Will must be validly executed and free of suspicious circumstances, placing the burden on the propounder to dispel doubts about its authenticity.
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