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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S. DOCTOR, J
Yashwantilika Narottamdas Dalal – Appellant
Versus
Jaisukh Nagardas Bhuta – Respondent
| Table of Content |
|---|
| 1. testamentary suit filed for probate (Para 1) |
| 2. details of the deceased's property and will (Para 2) |
| 3. consent order regarding assets (Para 3 , 4 , 5 , 6 , 7) |
| 4. plaintiffs' submission on the will's validity (Para 8) |
| 5. evidence of attesting witnesses (Para 9 , 10) |
| 6. suspicious circumstances addressed (Para 11) |
| 7. defendants' failure to lead evidence (Para 12 , 13 , 14 , 15 , 16) |
| 8. court's reasoning on the will's validity (Para 17) |
| 9. probate granted to plaintiffs (Para 18) |
JUDGMENT:-
2. Before adverting to the rival contentions, it is useful for context to set out the following, viz.
ii. As already noted above, the Deceased passed away on 16th April 2002 leaving behind the document dated 12th December 1996 as her last will and testament (“the said Will”), which was in the Gujarati language. A translated copy of the said Will inter alia sets out that (a) the Deceased had named six executors (b) the desire/wish of the Deceased was to construct a hospital on the said property (c) that in the event construction of the hospital was not completed during the lifetime of the Deceased, then the Company was required to complete construction of the hospital and said property was t
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.
The court affirmed that the plaintiff sufficiently proved the valid execution of the Will, while the defendant failed to establish claims of forgery or suspicious circumstances surrounding it.
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 propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
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