Father of plaintiff and defendant executed will in favour of three sisters - "A" executed release deed in favour of "B" ,"B" died intestate and issue less - "A" filed suit for partition of "B" s property against another sister "C" - "C" claiming that "B" executed a will in her favour - will proved - partition suit dismissed

Citation

AIR 2017 MADRAS 165

MADRAS HIGH COURT (MADURAI BENCH)

C. V. KARTHIKEYAN, J.

AS (MD) No. 118 of 2007, D/-12-4-2017

V. Bethulakshmi v. V. Vijayalakshmi

(A)Succession Act (39 of 1925), S.63 - Evidence Act (1 of 1872), S.68, S.69 - Execution of Will - Validity - Suspicious circumstances - Plea of undue influence and coercion - Testator, a cancer patient, living with his sister - Will executed only after examination of mental status of testator in manner known to Sub- Registrar - Sub-Registrar and attestor to Will, duly examined - Sub-Registrar categorically stating that testator was in sound condition at time of execution of Will and attesting witnesses signed Will - Execution of Will, valid. (Paras 23 ,24)

(B)Succession Act (39 of 1925), S.63 - Specific Relief Act (47 of 1963), S.34, S.38 - Suit for partition and possession - Father of plaintiff and defendant sisters executing Will - Property bequeathed to plaintiff and defendants, each entitled to undivided 1/3rd share - Plaintiff executing release deed with respect to her 1/3rd share in favour of defendant, on receiving consideration - Will duly executed by testator found valid Plaintiff voluntarily relinquish share cannot claim partition (Paras 23,24)