Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR
Suresh Sunderdas Harpalani – Appellant
Versus
Dayal Sundersad Harpalani – Respondent
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.e Lajwanti S. Harpalani, as the executors, and Suresh Harpalani is the major beneficiary of the estate of the Testator.
3. The Plaintiffs initially filed the captioned Testamentary Petition seeking probate of the said Will, which was consented to by both the daughters of the Testator. The Testamentary Petition was, however, opposed by the Defendants, each of whom filed their respective Caveats and Affidavits in Support thereof.
4. In view of the Caveats that were filed, the Testamentary Petition was converted into the captioned Suit in which this Court had,
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.
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....
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
