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ARIF S. DOCTOR
Ajay Harpal Singh – Appellant
Versus
Deepti Ajay Singh – Respondent
JUDGMENT :
ARIF S. DOCTOR, J.
1. The Plaintiff in the present Suit seeks probate in respect of a writing dated 1st December 2013, which is stated to be the last Will and Testament of one Ajay Harpal Singh (“the Deceased”) who was the late son of the Plaintiff. The grant of Probate is opposed by the Defendant who is the daughter of the Deceased who is contesting the Suit through her Power of Attorney holder, Mr. Satyendra Kumar Raghav (“POA holder”). The POA holder is also the maternal grandfather of the Defendant. Thus, the dispute in the present Suit is between a paternal grandfather and his granddaughter.
2. Before adverting to the rival contentions, it is necessary to set out the following facts which will help in giving context to the rival contentions of the Parties:
(ii) Thereafter, in view of the disputes and differences that arose between the deceased and the said Meenaksh
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
The Propounder of a will must prove due execution and sound mind of the testator, especially in the presence of suspicious circumstances; failure to do so results in dismissal.
The court affirmed the validity of the Will dated 12th December 1996, emphasizing the burden of proof on the Defendants to substantiate claims of forgery, which they failed to do.
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