PREMAKUMARI R. Vs. O.K.SIVASANKARA PILLAI

JUDGEMENT

(1.) This appeal arises from the judgment and decree dtd. 15/9/2012 passed by the II Additional District Court, Ernakulam, in O.S.No.27 of 2011. The proceedings were initiated under Sec. 276 of the Indian Succession Act 1925. The defendants resisted the original petition denying the execution of the Will, and thus, the proceedings were converted into a suit invoking Sec. 295 of the Indian Succession Act. The dispute in this matter centres around the existence, execution and validity of a Will stated to have been executed by Valliyamma @ O.K.Valliyammal. The relevant pleadings Plaintiffs

(2.) Smt. Valliyamma died on 16/8/2010. Her husband Sri.A.Thankappan pre-deceased her. His date of death is 20/12/1988. Late O.K.Valliyammal was a Confidential Assistant in the Judicial Department. She settled at Cheranelloor. While residing there, on 3/6/2010 she executed a Will. It was attested by Sri.T.A.Thomas and M.Elayaperumal. The plaintiffs are the legatees under the Will. Late Valliyamma executed the Will voluntarily with her own free will. As per the Will, she appointed plaintiff No.1 as the executor of the Will. Defendants

(3.) The late Smt.O.K.Valliyammal did not execute a Will as pleaded. After the death of her husband she had been residing in Thiruvananthapuram along with Smt.Rajamma, who was the sister of her husband. Later, she shifted her residence to YWCA, Ernakulam. She resided at Sree Ramakrishna Asramam for eight years. From there she went to the house of plaintiff No.1 at Cheranelloor. Plaintiff No.1 would have coerced Valliyamma to execute the Will. The Will is a product of undue influence and fraud. The late Valliyamma did not put her signature in the Will projected. It is quite unnatural that the testator divested the properties in the name of the plaintiffs alone. The defendants are the legal heirs of the late O.K.Valliyammal. The late Valliyammal had no intention to execute a Will. She had no mental fitness to execute such a Will. Plaintiff No.1 withdrew huge amounts from the deposits in the name of the late Valliyamma.