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Showing contexts for: will unregistered in A.Pinky Sureka vs M/S. Tamil Nadu Industrial Investments on 27 April, 2015Matching Fragments
2)Whether the registered Will dated 19.11.1999 executed by Smt. Gothawari Devi Sureka or the unregistered Will dated 24.11.1999 alleged to have been executed by Smt.Gothawari Devi Sureka is genuine?”
15.The case of the plaintiff in O.S.No.28 of 2011 is that the first schedule property jointly belonged to Gothawari Sureka, Hariprasath Sureka and Ram Avathar Sureka http://www.judis.nic.in by virtue of a purchase by them jointly as partners of M/s.Hari Prasath & Co., through a registered sale deed dated 07.08.1981. The defendants 2 and 3 borrowed a loan from the first defendant for their company. For the said loan, Hari Prasad Sureka stood as a guarantor and has given the 2nd schedule property as a collateral security. During the life time of Hari Prasad Sureka, he bequeathed a 'Will' in favour of the minor plaintiff on 06.06.2006. After his death on 06.11.2006, the said 'Will' came into force. Accordingly, the above minor filed a petition to probate the above 'Will' in Probate O.P.No.16 of 2007 before the Sub Court, Thoothukudi and the same was probated and the probate certificate is being issued in favour of the minor plaintiff on 28.06.2007.
“Suspicious circumstances-When arises – perusal of Will shows that a heir excluded from inheritance”
102.On the side of the respondents, it is stated that Gothawari Devi Sureka has executed a registered Will dated 19.11.1999 marked as Ex.B78 bequeathing the same property to the plaintiff and there is no necessity for the testatrix to execute another and unregistered Will within a short period, bequeathing the very same property to the plaintiff. It is stated that the plaintiff withholds a vital document which is fatal to her case.
111.In support of his contention, the Judgment passed by this Court in the case of Expo Freight Pvt., Ltd., v. Supreme Overseas Exports (India) Pvt., Ltd., in Application No.6445 of 2018 is cited.
112.On the side of the appellant, it is stated that the plaintiff in O.S.No.29 of 2011 has right over the property through the unregistered Will dated 24.11.1999. The plaintiff is claiming the right on the basis of a Will executed by one of the partner in Hari Prasath Sureka and Co., Gothawari Devi Sureka. No proof for dissolution of partnership Firm is filed by the plaintiff. No proof is filed on the side of the plaintiff that there is a joint family business. The Will is an unregistered Will dated 24.11.1999. One Will is typed in English and another Will is hand written in tamil. It is the duty of the plaintiffs to prove the Will. P.W.2 is examined as a witness for the execution of the Will. He is an employee of Hari Prasath Sureka and he has denied his signature in the http://www.judis.nic.in registered Will and he deposed that he did not know whether Gothawari Devi Sureka has signed it.
115.Gothawari Devi Sureka is having three sons excluding her sons and bequeathing the property to her grandsons' wife creates a cloud. The plaintiff fails to implead the other legal heirs of Gothawari Devi Sureka in this suit. When there is a registered Will in favour of the plaintiff, what is the necessity for executing an unregistered Will in a unknown language in not explained. In the registered Will it is clearly stated that the testatrix is bequeathing “whatever she posses in the partnership Firm, Hari Prasad Sureka and Co.,”. Just to avoid this wordings the unregistered Will bequeathing http://www.judis.nic.in the property in favour of the same beneficiary is created. No document is filed to prove the retirement of Gothwari Devi Sureka from the partnership Firm. There is no proof for the partition between the partners and for the allotment of the second schedule property to Gothawari Devi Sureka. Admittedly the property was purchased by the Firm and not by the individuals. Even in Ex.B2, Will, the existence of the Firm is mentioned. The registered Will dated 19.11.1999 marked as Ex.B78 clearly proves the existence of partnership. For the above reasons, it is decided that the unregistered Will dated 24.11.1999 is not valid and it does not confer any right to the plaintiff over the property, against the mortgage right of the first respondent. Issue no.3 in A.S.No.167 of 2015: