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Mrs. Muthulakshmi vs K.Rani on 20 November, 2023 cites

J. Naval Kishore vs D. Swarna Bhadran, J. Parasmul, P. ... on 3 October, 2007

10.5. Even on the factual matrix, it is seen that the testator had initially executed a registered Will dated 11.07.2002 which is admitted by both the parties. When the testator has consciously taken steps to register the Will executed by him at the first instance, the reason why he had chosen not to register the Will dated 27.03.2004 allegedly executed by him, is a factor to be 19/22 https://www.mhc.tn.gov.in/judis OSA Nos.34 & 177 of 2022 considered based on the evidence to be adduced by the parties during trial. A Division Bench of this Court in J. Naval Kishore v. D. Swarna Bhadran [(2008) 1 CTC 97] has reckoned that such a conduct amounts to a suspicious circumstance and the relevant portion of the said judgment is extracted hereunder for better appreciation:
Madras High Court Cites 48 - Cited by 22 - R Banumathi - Full Document

Aparna Ajinkya Firodia vs Ajinkya Arun Firodia on 20 February, 2023

In support of his contentions, the learned counsel placed reliance on various decisions, more particularly, the order of the Hon'ble Supreme Court in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia in SLP (C)No.9855 of 2022; and the judgments of the High Court in Naval Kishor v. D.Swarna Bhadran [2008 (1) CTC 97] and K.Govindarajan v. Leelavathy in OSA Nos.110 and 111 of 2010.
Supreme Court of India Cites 40 - Cited by 15 - V Ramasubramanian - Full Document

Mahesh Kumar (D) By Lrs vs Vinod Kumar & Ors on 13 March, 2012

“ 9. We are in agreement with the conclusion of the learned Single Judge. We may note that non-pendency of the probate proceedings regarding the subsequent Will does not mean that the subsequent Will is not capable of being propounded, and the grant of probate would depend on as to whether the respondent is able to prove the said Will or not which is a matter of evidence. The subsequent Will being unregistered makes no difference, as the Will is 17/22 https://www.mhc.tn.gov.in/judis OSA Nos.34 & 177 of 2022 not a compulsorily registrable document and the subsequent Will, albeit unregistered, which if proved, would certainly supersede the earlier Will, which was registered, as per the settled legal position.” 10.3. Further, the Hon’ble Apex Court in the case of Mahesh Kumar (D) by LRs v. Vinod Kumar & Ors. [(2012) 4 SCC 387] while considering two Wills, similar to the instant case with the first Will registered and the second Will unregistered, reiterated the principle of subsequent Will prevailing over the former. The relevant portion is extracted hereunder:
Supreme Court of India Cites 30 - Cited by 114 - G S Singhvi - Full Document

Meena Pradhan vs Kamla Pradhan on 21 September, 2023

“ 72. We are conscious that mere registration of the Will by itself will not dispel all suspicions regarding execution and attestation of the Will. Registration of the Will by itself does not ensure the genuineness of the Will. But act of registration is a solemn act which would lend assurance to the genuineness of the Will. When Javantharaj was in the habit of obtaining legal advice and getting documents registered, Ex. P-2 Will being unregistered is yet another suspicious circumstance, which we are unable to reconcile with.” 10.6. At this juncture, it is apposite to refer to the relevant portion of the recent decision of the Hon’ble Apex Court in Meena Pradhan v. Kamla Pradhan [ (2023) 9 SCC 734] wherein the principles relating to the proof of execution of Will had been expounded and the same read thus:
Supreme Court of India Cites 7 - Cited by 0 - S Karol - Full Document

R.Venkataraman vs S.T.Sundari on 27 September, 2016

10.2. It is a well settled legal position that in case of Wills, the registered Will does not ipso facto stand on a higher pedestal than the unregistered Wills, as far as their genuineness and authenticity are concerned and it is only the Will which came subsequently prevail over the former irrespective of whether the subsequent Will is registered or not. We are supported by a decision of a Division Bench of this Court in R. Venkataraman & Ors. v. S.T. Sundari (2016 SCCOnline Mad 27406) to which one of us (RMDJ) was a party. The relevant passage of the judgment is quoted below for ready reference:
Madras High Court Cites 2 - Cited by 0 - R Mahadevan - Full Document
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