Case Note & Summary
The plaintiff, Mahendra Gajanan Karve, filed a Testamentary Petition No. 514 of 2004 seeking Letters of Administration with the Will annexed in respect of the estate of his deceased father, Gajanan Vishnu Karve, who died on 3.8.2003. The deceased executed a Will in Marathi on 8.11.2000, which was witnessed by two attesting witnesses, Rajesh S. Bansod and Geeta Chandrakant Pawar. The plaintiff, a beneficiary under the Will, filed the petition on 28.6.2004 along with an affidavit of one attesting witness. The defendant, Jitendra Gajanan Karve, another son of the deceased, opposed the grant, alleging that the Will was not duly executed and that the testator was not in a sound disposing state of mind. The suit was converted from the petition. During pendency, another son Jayant Gajanan Karve died, and his legal heirs were brought on record. The court framed issues regarding due execution, attestation, and the testator's mental capacity. The plaintiff examined himself and one attesting witness, Rajesh S. Bansod, who testified that the testator signed the Will in his presence and that he and the other witness attested it in the testator's presence. The defendant did not lead any evidence. The court held that the plaintiff discharged the burden of proof under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. The court found no suspicious circumstances and noted that the Will was in Marathi, a language the testator understood. The court allowed the suit and granted Letters of Administration with the Will annexed to the plaintiff.
Headnote
A) Succession Law - Will - Proof of Execution and Attestation - Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872 - The propounder of a Will must prove that the testator signed the Will in the presence of two attesting witnesses who attested it in his presence and in the presence of each other - The court held that the plaintiff discharged this burden by examining one attesting witness who proved the execution and attestation - The Will was in Marathi and the testator was literate in Marathi - No suspicious circumstances were established by the defendant - Held that the Will is duly proved and Letters of Administration be granted (Paras 1-26).
Issue of Consideration
Whether the plaintiff has proved the due execution and attestation of the Will dated 8.11.2000 executed by the deceased Gajanan Vishnu Karve and is entitled to Letters of Administration with the Will annexed.
Final Decision
The court allowed the suit and granted Letters of Administration with the Will annexed to the plaintiff.
Law Points
- Burden of proof on propounder of Will
- Due execution and attestation under Section 63 of Indian Succession Act
- 1925
- Section 68 of Indian Evidence Act
- 1872
- Suspicious circumstances must be dispelled by propounder
- Attesting witness must prove execution and attestation
- Will in Marathi language valid
- No evidence of undue influence or coercion
