Madras High Court

Madras HC: Brothers' Registered Will Overturns Sisters' Property Claim

Updated
Dec 30, 2025 11:00 AM
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Summary: On December 8, 2025, the Madras High Court ruled in favor of the brothers in a family fight over property. The court confirmed that a disputed will was real, changing an earlier decision that had granted Amsavalli's claim to divide the property.

The Family Dispute

This case is about a family argument over a property in Cuddalore. Amsavalli and Rajeshwari are sisters who sued their brothers, Murugavel and others, to split their father, Subramania Mudaliar's property. They said Subramania Mudaliar died without leaving a will, which would mean they get an equal share.

The Will Controversy

Murugavel and the other brothers showed a will dated May 8, 2003, which supposedly left the property to them. This will was officially recorded and signed by witnesses. However, Amsavalli and Rajeshwari said it was fake and asked for their fair share.

Court's Initial Decision

On April 27, 2011, the Additional District Court in Cuddalore decided in favor of Amsavalli and Rajeshwari, giving them the right to divide the property. The court said the will wasn't proven according to the rules.

"The Will was not proved in a manner known to law," the trial judge noted.

Appeal and Arguments

Murugavel and the other brothers challenged the decision, with their lawyer arguing that the will was real and properly signed. They said the trial court didn't look at the evidence correctly.

Amsavalli and Rajeshwari's lawyer argued back, saying the will wasn't proven as required by the Indian Succession Act and the Indian Evidence Act.

High Court's Analysis

The High Court, led by Justices C.V. Karthikeyan and K. Kumaresh Babu, looked at the evidence and what the witnesses said. They pointed out that the will was registered, which usually means it's real.

The court stressed the importance of following the rules for proving a will, including hearing from the witnesses who signed it.

Final Verdict

On December 8, 2025, the High Court changed the earlier judgment, confirming the will and rejecting Amsavalli and Rajeshwari's claims.

"The Will under Ex. B-1 has been proved as required under law," the court concluded.

The decision shows how complicated family property arguments can be and how important the legal process is in solving them.