V K KAMALAM Vs. PANCHALI AMMA

JUDGEMENT

(1.) Revision petitioner is the petitioner in OP No. 64 of 1977 of the Sub-Court, Palghat. She filed the petition under S.372 of the Indian Succession Act for the grant of a Succession Certificate enabling her to collect the family pension death cum-retirement gratuity, balance of provident fund and the amount in the S. B. account due to the estate of deceased V. K. Raman Nair. The Sub-Judge dismissed the petition holding that the petitioner has not succeeded in establishing the genuineness of Ext. A 37 will. Petitioner filed CMA 57 of 1981 before the District Court, Palghat. The District Judge confirmed the order of the Sub-Judge and dismissed the appeal.

(2.) Petitioner is the niece of deceased V. K. Raman Nair. Respondents 1 to 3 are the sisters of the deceased. Second respondent is the mother of the petitioner. Of the respondents the 4th respondent alone contested the proceedings. Claiming herself to be the wife of Raman Nair 4th respondent disputed the genuineness of the will.

(3.) As the genuineness of the Will is disputed the burden is squarely upon the propounds of the will to prove it. Petitioner's contention. is that Ext. A37 Will is the last testament of Raman Nair and in view of recitals in it she alone is entitled to the grant of succession certificate PWs 2 and 3 were examined to prove the Will. They claimed to be the attestors. Though Ext. A37 contained the address of P. Ws. 2 and 3 their signature are singularly absent in it. Their evidence that they signed Ext. A37 as attestors stands self condemned.