N.VASUNDARAMMA Vs. NIL

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants.

(2.) It is submitted by the learned counsel appearing for the appellants that appellant No.1 is the sister of one Sri N. Ananthanarayana who passed away on 14/1/1995, leaving his entire properties to his wife Smt. Indira Ananthanarayana. It is submitted that the couple were issueless and that Smt. Indira Ananthanarayana was living along with the appellants herein who are her only relatives. It is submitted that a registered Will was executed by Smt. Indira Ananthanarayana on 27/8/2015, bequeathing the immovable properties in favour of appellant No.2 and certain amounts lying in savings accounts in favour of appellant No.1. It is submitted that Smt. Indira Ananthanarayana also had made some financial investments in the form of Government Bonds, Shares, Debentures, Mutual Funds, etc. Since the Will dtd. 27/8/2015 did not contain any reference to such instruments, a Codicil was executed on 2/10/2019, bequeathing some of the shares and financial investments in favour of appellant No.2.

(3.) It is submitted that an application was filed by the appellants seeking Succession Certificate in respect of the shares and the financial investments, which came to be dismissed by the District Court on the ground that the Codicil had not been proved by examining the witnesses thereto who were different from the witnesses to the original Will.