Burden to prove that testatrix was of unsound mind is on defendant

2008(5)ALLMR639, 2008(5)BomCR653, 2008(6)MhLj386

IN THE HIGH COURT OF BOMBAY (PANAJI-GOA BENCH)

S.A. No. 27 of 1999

Decided On: 19.06.2008

Appellants: Janardan @ Govind Vassudeva Bhat and Ors.
Vs.
Respondent: Mortibai Ramchandra Bhat since deceased through her unknown legal heirs and Ors.

Hon'ble Judges/Coram:
N.A. Britto, J.

Property - Will - Suit properties belonged to P - After his death, property allotted to his widow M, in inventory proceedings - M bequeathed them to plaintiff by Will - Upon death of M, plaintiff filed suit for declaration of ownership - Defendants contended that M was of unsound mind - Will was not executed in presence of five witnesses therefore, null and void - Trial Court accepted objection raised by defendant - Hence, present appeal - Held, defendants failed to prove that Will was executed by M when she was of unsound mind - Requirement of five witnesses now replaced with three witnesses - Plaintiff became owner of suit properties after death of M - Defendant had no title to the same - Appeal allowed

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