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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR
Suresh Sunderdas Harpalani – Appellant
Versus
Dayal Sundersad Harpalani – Respondent
| Table of Content |
|---|
| 1. petition for probate of contested will. (Para 1 , 2 , 3 , 4 , 5) |
| 2. evidence presented by plaintiffs supports validity of will. (Para 6 , 7 , 8 , 9 , 10) |
| 3. defendants argue validity disputed due to suspicious circumstances. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. doubts cast on execution due to contradictions in witness testimony. (Para 17 , 18 , 19 , 20) |
| 5. legal arguments regarding witness evidence and certification of capacity. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. court concludes will is invalid; lawsuit dismissed. (Para 29 , 30) |
JUDGMENT :
ARIF S. DOCTOR, J.
1. The captioned Testamentary Petition was filed seeking probate of a Will dated 6th February 2008 (“the said Will”) stated to be the last Will and Testament of one Sunderdas Mulchand Harpalani (“the Testator”).
2. The Testator passed away on 6th February, 2008, leaving behind two daughters, namely Nanki Varandani and Laxmi Rawtani, and four sons, namely Dayal Sunderdas Harpalani, i.e., Defendant No. 1; Mohan Sunderdas Harpalani, i.e., Defendant No. 2; Gul Sunderdas Harpalani, i.e., Defendant No. 3 and Suresh Sunderdas Harpalani, i.e., Plaintiff No. 1. The said Will named Suresh Harpalani and his wife, i
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 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 propounders have the onus to prove due execution of a Will as per the requirements of Section 63 of the Indian Succession Act, 1925. When there are suspicious circumstances, a greater onus lies o....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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