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SUPREME COURT OF INDIA
L. NAGESWARA RAO, ANIRUDDHA BOSE, JJ.
State of Haryana – Appellant
Versus
Harnam Singh (Dead) through LRs. and Others – Respondents
Civil Appeal No. 6825 of 2008
Decided On : 25-11-2021
Indian Succession Act, 1925 – Section 63 – Civil Procedure Code, 1908 – Section 100 – Genuinity of Will – Both fact-finding Courts-Trial Court and First Appellate Court, had found that Will was not proved – Evidences of witnesses were disbelieved as they failed to inspire confidence of fact finding Courts – High Court erred in formulating question of law on the basis that Will was proved in terms of Section 63 of Succession Act, 1925 – Opinion of High Court was that Will was proved in terms of Section 63 of Succession Act, 1925 and while coming to such finding High Court went deep into factual inquiry – Formulation of question of law was on question of fact only – In formulating question on the basis of which Appeal was admitted, High Court proceeded on the basis that Will was proved in terms of Section 63 of Succession Act, 1925 – Person claiming to be scribe of Will as well as two attesting witnesses deposed to support case of original plaintiff, but both Trial Court and First Appellate Court disbelieved their testimony – Thumb impression of Testator was not matched – There was contradiction in evidences of attesting witnesses as regards place of execution – Requirement of Section 63 of Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of stipulations therein – Evidence of meeting requirement of said provision must be reliable – Finding of Trial Court and First Appellate Court ought not to have been interfered with by High Court – It would be open to individuals claiming to be legal representatives of late testator to question claim of State of Haryana over subject-land under doctrine of escheat – Judgment of High Court set aside and judgments of Trial Court and First Appellate Court restored. (Paras 7, 8, 9 and 10)
Facts of the case:
Appellant State of Haryana assailing the legality of a judgment delivered by the High Court for the State of Punjab and Haryana at Chandigarh on 5th May, 2008. In the judgment under appeal, the High Court set aside the concurrent finding of the Trial Court and the First Appellate Court on the point of genuinity of a Will of one Kishan Singh by which agricultural land comprising of 52 Kanals and 3 Marlas in the district of Kurukshetra in Haryana stood bequeathed to one Harnam Singh (since deceased).
Findings of Court:
Question of inter-se dispute between the State of Haryana and the defendant nos. 2 to 4 cannot be resolved in this appeal as fresh evidence would have to be led to adjudicate that question and this would create a new dispute altogether that was not addressed previously in the suit from which the present appeal arises.
Result : Appeal allowed.
JUDGMENT :
ANIRUDDHA BOSE, J.
1. The appellant before us is the State of Haryana assailing the legality of a judgment delivered by the High Court for the State of Punjab and Haryana at Chandigarh on 5th May, 2008. In the judgment under appeal, the High Court set aside the concurrent finding of the Trial Court and the First Appellate Court on the point of genuinity of a Will of one Kishan Singh by which agricultural land comprising of 52 kanals and 3 marlas in the district of Kurukshetra in Haryana stood bequeathed to one Harnam Singh (since deceased). The Will [the English translation of which has been annexed to the counter-affidavit of one Naseeb Singh, filed as and on behalf of the legal heirs of Harnam Singh (deceased)] does not specify the area or description of the land. The disposition in the said instrument is of “all the land which is my self-acquired and other movable and immovable properties located at Patti Dogran Kaithal.”
2. On the death of Kishan Singh on 15th January, 1975 (the date as reflected in the High Court judgment), dispute arose over mutation of the subject-land as the original plaintiff Harnam Singh (deceased) claimed the right over the subject-land on the basis of the Will of late Kishan Singh, executed on 10th December, 1974 (the date as reflected in the High Court judgment). He claimed to be the legatee under the said Will. Admittedly, Harnam Singh (deceased) was not related to late Kishan Singh by blood. The former was tilling the land of late Kishan Singh, as it has transpired in evidence before the Trial Court. In the Will, the genuinity of which is contested by the State of Haryana, it is recorded that Harnam Singh (deceased) was looking after late Kishan Singh. The authority of the first instance, on the basis of the said Will, had mutated the land in favour of Harnam Singh (deceased). But the Assistant Collector had turned down the plea of mutation as he did not accept the existence of the Will. Applying the doctrine of escheat, the land was mutated in favour of the State. Thereafter, the suit was instituted on 29th May, 1978 by said Harnam Singh (deceased) seeking the following reliefs:
(Quoted verbatim from the copy of the plaint as annexed to the paper-book)
3. In the suit, Diwan Singh (since deceased), Sohan Singh (since deceased) and Kehar Singh (since deceased) were impleaded as defendant nos. 2 to 4. They appear to be nephews of Late Kishan Singh (sons of his paternal cousin brothers). They were made defendants following the subsisting rule of succession. It has not come in evidence that Kishan Singh was survived by his spouse or any child. The defendant no. 2 also passed away but his legal representatives have been brought on records. The endorsement made on the cause title of the petition reveals that the defendant nos. 3 and 4 have also passed away and their interest is being represented by the legal representatives of the defendant no. 2 in this appeal.
4. The Trial Court dismissed the suit on 22nd October, 1981, which was contested by the first defendant only (State of Haryana). In the judgment of the Trial Court, it was inter-alia, held:
Genuinity of Will – Requirement of Section 63 of Succession Act, 1925 cannot be fulfilled by mechanical compliance of stipulations therein – Evidence of meeting requirement of provision must be relia....
The validity of a Will and the timeliness of challenging property mutations are crucial in inheritance disputes.
The judgment emphasizes the importance of proving the genuineness of a Will and the need for timely legal action in property disputes.
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