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THOTTATHIL B.RADHAKRISHNAN, B.KEMAL PASHA
Vadakkayil Gopalan – Appellant
Versus
Vadakkayil Paru – Respondent
B.Kemal Pasha, J.—Is it the duty of the propounder of a Will to prove it genuineness and to dispel suspicious circumstances, if any, surrounding its execution even when the adverse party does not specifically deny the existence of the Will and even when admits its existence? Can the doctrine of dependent relative revocation absolve the burden of the propounder of the earlier Will from proving its genuineness or its due execution, or to dispel the suspicious circumstance, surrounding its execution?
2. By propounding Ex.Al Will dated 24.1.1989 allegedly executed by two sister, namely, deceased Mathu and Paru, the plaintiff has forwarded a claim for partition of the property covered by Ex.Al, after the death of Mathu and during the life time of Paru, who is the first defendant. Mathu died on 2.9.1991, thereby the plaintiff, based on Ex. A1 Will claims half share over the property on the averment that the bequest through Ex. A1 joint Will to the extent it relates to the disposition by Mathu has taken effect or her death.
3. The first defendant Paru has contended that Ex.A1 Will has not come into operation as it stood revoked through the execution of Ex.B1 joint and mutual Will
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