Subsequent Power of Attorney executed by Testator - Power of Attorney document has revoked Will

Citation

2019 (1) CTC 622 (Mad)

IN THE HIGH COURT OF MADRAS (Madurai Bench)

M. Sundar, J.

SA.(MD) No.1186 of 2006 & M.P.(MD) No.2 of 2006.

July 26, 2018

Dr. A.C. Murugesan; M. Sharmila Devi

...Appellant

C. Veluchamy (Died); C. Shanmugam (Died); C. Pandikannan ;v. Gnanambal; Rajeswari; Jegatheeswari;v. Prabhakaran; S. Masilamani; Manomani [respondents 4 to 7 Are Brought on Record as Legal Heirs of Deceased Respondent No.1 and Respondents 8 & 9 Are Brought on Record as Legal Heirs of Deceased Respondent No.2 Vide Order Dated 07.02.2013, Made in M.P.(MD) Nos.1 to 6 of 2011 in S.A.(MD) No.1186 of 2011]

...Respondent

Indian Succession Act, 1925 (39 of 1925), Sections 70 & 63-Revocation of Will- Subsequent Power of Attorney executed by Testator, effect of Will registered bequeathing Suit property to son-D1 born through First Wife Subsequently Testator executed and registered Power of Attorney for sale of Suit property Son D1 is Attesting Witness in Power of Attorney document Plaintiffs born to Second Wife sought partition of Suit property on basis that subsequent Power document by Testator revoked Will-Will may be revoked in 3 ways under Section 70: (6) by another Will or Codicil; (ii) by 'some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged Will is required to be executed'; or (ii) "by burning, tearing or otherwise destroying same by Testator or some other person in his presence and by his direction with intention of revoking same Held, Power of Attorney document qualifies as 'writing declaring intention to revoke Will executed in manner in which unprivileged Will is required to be executed' under Section 63 Sole beneficiary of Will having signed Power document as one of two Attesting Witnesses and reiterating it in his deposition establishes that Power document is dedaration of intention of Testator to revoke Will Power of Attorney document has revoked Will Second Appeal dismissed- Preliminary Decree for Partition passed by First Appellate Court confirmed.

Face: Cregiterð & Will in 1907, banueshine alle te paren