Will by testator in favour of children from second wife excluding children from first wife - Testator had given reasons in Will for not making provision for his children through his first wife - Will held, genuine.

Citation

AIROnline 2021 Mad 604

MADRAS HIGH COURT

MS . P. T. ASHA , J.

T.O.S - 2 of 1996 D/- 19 - 3 - 2021

K. Mahendran v. R. Sarojini and Anr.

(A)Succession Act (39 of 1925), S.63 - Will - Execution - Proof - Will by testator in favour of

children from second wife excluding children from first wife - Defendant-daughter questioning

Will on ground that it was obtained under threat and coercion however, said fact not proved by

either examining herself or any other person - First wife also stating that Will was prepared at

the instance of second wife, said fact however not proved - Testator had given reasons in Will

for not making provision for his children through his first wife - Will held, genuine.

 (Paras 10 , 11)