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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
M.Rajeshwar Rao – Appellant
Versus
N.K.Rajani – Respondent
JUDGMENT :
K. SUJANA, J.
1. Challenging the judgment and decree dated 09.11.2009 passed in O.S.No.649 of 2007 by the learned III Senior Civil Judge, City Civil Court, Secunderabad, the present City Civil Court Appeal is filed.
2. I.A.No.2 of 2025 is filed seeking to grant leave and receive the certified copy of the Will deed document No.158/III/2019 dated 23.09.2019 and death certificate dated 18.02.2022 as additional evidence on behalf of appellants.
3. The brief facts of the case are that the plaintiffs filed a suit seeking partition of the suit schedule property into five equal shares and for allotment of one share each to themselves and defendants. The plaintiffs stated that defendant No.1 is their father, while defendants No.2 and 3 are their brother and sister. They claimed that their mother, Sarojini Devi, died intestate on 31.08.2001, leaving behind the suit schedule property, and that all her legal heirs, i.e., the plaintiffs and defendants, were entitled to succeed to it. The plaintiffs further alleged that after the death of their mother, there was an oral settlement among the parties, whereby the plaintiffs and defendant No.3 were to have a share in the first floor of the b
Legal heirs of an intestate mother are entitled to equal shares in the property, and a release deed executed under misrepresentation is invalid.
The court emphasized the necessity of attesting witnesses for will validity and clarified suppression of facts must show intent to deceive to affect the decree's integrity.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
Registered wills are presumed valid unless substantial evidence proves otherwise; the burden lies on contesting parties to show defects in execution or suspicious circumstances.
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
The court emphasized the necessity of proving a Will through independent witnesses and upheld the validity of a release deed executed by the plaintiff, leading to the dismissal of her claims.
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