Back
B. V. NAGARATHNA, N. KOTISWAR SINGH
Chinu Rani Ghosh – Appellant
Versus
Subhash Ghosh – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4 , 5 , 6) |
| 2. trial court's decision and high court's reversal (Para 7 , 8) |
| 3. arguments regarding the validity of the will (Para 10 , 11 , 12 , 13 , 14) |
| 4. court's analysis of evidence on the will (Para 15 , 16 , 17 , 18) |
| 5. legal standards for proving wills (Para 19 , 20 , 21 , 22 , 23) |
| 6. final judgment and order (Para 24 , 25 , 26) |
ORDER :
2. Being aggrieved by the judgment dated 28.04.2022 passed in Regular First Appeal No.5/2021 by the High Court of Judicature at Tripura by which the First Appeal arising out of a preliminary judgment and preliminary decree dated 20.02.2021 and 23.02.2021 respectively, in TS(Partition) 13 of 2018 passed by the Court of the Civil Judge(Senior Division), Udaipur, Gomati District, Tripura holding that the execution of the Will (Ext.C) had not been proved and thus the plaintiffs and defendants were equally entitled to 1/6th share of the subject matter of Schedules B(i) and B(ii) land has been reversed by the High Court and the said Regular First Appeal has been allowed, plaintiff No.3/appellant in the said suit has preferred this appeal.
4. The plaintiffs made several requests to the defendan
Proof of execution of Will – Mere registration of Will would not attach to it stamp of validity and it must still be proved in terms of legal mandates under provisions of Section 63 of Succession Act....
The court established that the validity of a Will must be proven through credible witness testimony, and the burden of proof lies with the propounder to dispel any suspicions regarding its authentici....
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
(1) Proof of execution of Will – If one attesting witness can prove execution of Will, examination of other attesting witness can be dispensed with.(2) Where Will is a registered document, there is p....
The court emphasized that the burden of proof lies on the propounder of a Will, especially when suspicious circumstances exist, necessitating clear evidence of its validity.
The burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
