Petition to send Will for hand writing experts opinion - Respondents being the propounder of the Will owe the duty to prove genuineness of Will as per S. 63 of Succession Act and Ss. 68 to 71 of Evidence Act - refusing to grant permission to send Will for hand writing expert opinion,proper.

Citation

AIROnline 2023 MAD 91

AIR 2023 MAD 150

Madras High Court

G. K. ILANTHIRAIYAN , J.

C.R.P - 312 of 2019 D/- 7 - 2 - 2023

Meenambal v. Sudha

Evidence Act (1 of 1872), S.45 - Opinion of Handwriting expert - To prove Will - Petitioner mother of deceased filed suit for partition claiming 1/12 share in property - Plea of respondents

that deceased had bequeathed entire property in their favour by executing a Will - Petitioner

filed applications to re-open her evidence and to send Will for hand writing experts opinion -

Respondents being the propounder of the Will owe the duty to prove genuineness of Will as

per S. 63 of Succession Act and Ss. 68 to 71 of Evidence Act - Expert's opinion may not tilt the

scales in arriving at conclusion as to authenticity of Will - It could only be firmly adjudicated

based upon evidence to be adduced by respondents as per requirements of law - Order of Court

refusing to grant permission to re-open case and to send Will for hand writing expert opinion,

proper. Succession Act (39 of 1925), S.63 - Civil P.C. (5 of 1908), O.18 R.17 -

 (Para 12)