Health Conditions & Suspicious Circumstances Surrounding Will Questioned: Karnataka High Court Declares 1996 Will Null and Void, Upholds 1992 Will
In a significant ruling, the Karnataka High Court has declared the will dated January 27, 1996, null and void while upholding the validity of an earlier will dated December 30, 1992. The bench comprising Justice K.S. Mudagal and Justice C.M. Joshi delivered the verdict in the Regular First Appeal No. 134 of 2013, addressing the contentious dispute over the last will of the late M.N. Ranganathan.
The plaintiffs, Smt. M.S. Komala, Sri Girish M S @ M S Ramesh, and Smt. T Jayalakshmi Shivaprakash, contested the will dated 1996, propounded by the defendants, which surfaced under mysterious circumstances. They argued that the testator, M.N. Ranganathan, was not in a sound and disposable state of mind at the time of its execution due to his debilitating health.
In their detailed judgment, the High Court meticulously examined the medical evidence and circumstances surrounding the execution of the 1996 will. “The testator’s health and his mental capacity at the time of executing the will dated 27.01.1996 (Ex.D1) have been a significant point of contention,” observed the bench. The court noted multiple discrepancies, including issues with the process of executing and registering the will, which raised doubts about its authenticity.
The bench further highlighted the mismanagement of the testator’s estate by the court-appointed receivers, leading to unauthorized occupation and sale of the property. This aspect played a crucial role in unraveling the complexities of the case.
On the other hand, the defendants failed to challenge adequately the validity of the will dated 1992 (Ex.P11), which consistently bequeathed the estate to the plaintiffs and defendant No.10. “The defendants have not only failed to dispel the suspicious circumstances surrounding Ex.D1 but also have not provided a convincing rebuttal against Ex.P11,” the court remarked.
Consequently, the court allowed the appeal, setting aside the earlier judgment of the trial court and declaring the will dated 1996 null and void. The will dated 1992 was upheld as the last valid testament of M.N. Ranganathan.
Date: 23rd January, 2024
Smt. M.S. Komala VS Sri M.N. Srinivasan
