Jai Raj Bhati
The Supreme Court dictated on January 2, 2025, that only registering of the will does not make it valid. In the matter of Leela & Ors. v. Muruganantham & Ors. Court clearly mentioned that the will needs to prove, its legitimacy by meeting the requirement of the section 68 of the Indian Evidence Act and section 63 of the Indian Succession Act. The Court also took the reference of the recent matter of Moturu Nalini Kanth v. Gainedi Kaliprasad in support of this position.
The case revolves around the partition of property as on a four scheduled will of the testator Balasubramaniya Thanthiriyar, from which three scheduled are awarded to his 1st legitimate heirs (1st wife and her children) and illegitimate heir (2nd wife and her children) challenged the validity of the will. The Trial Court and the High Court dismissed the petition of the appellants.
The Supreme Court Bench comprising of Justice CT Ravikumar and Justice Rajesh Bindal in clear words pointed out that to prove the execution of the will at least one of the attesting witnesses testify in the favour of the execution to prove the validation.
The will of Balasubramaniya created many suspicions. In the will it was quoted that “with full conscious, with good memory and without instigation by anyone” and in the same will there is said that he has been treated by many doctors for his heart disease. First wife of Balasubramaniya has said that the testator had no role in the drafting of the will and, the last two stamp papers are bought in her name on which the will was drafted, and she has failed to notify the Court about it.
The will was executed in Madurai which is far from the residence of testator, and it is noted earlier that he was in a critical condition, and it was also accounted that the testator was not in the condition to read the will and had a notary public to read over to him, but it is not clearly noted in the will.
Case Name :- Leela & Ors. V. Muruganantham & Ors.
Case Number :- Civil Appeal No. 007578-2023
Bench :- Justices CT Ravikumar and Rajesh Bindal