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SANDEEP KUMAR
Vijay Kumar Singh, S/o Late Ram Briksh Singha – Appellant
Versus
Ram Chandra Prasad Singh S/o Late Ram Briksh Singh – Respondent
JUDGMENT :
The present petition has been filed for the following reliefs:-
b. For setting aside the order dated 29.11.2021 passed by learned Additional District and Sessions Judge XXI, Patna in Title Suit No.39 of 2019 whereby and whereunder additional issue no.1(a) has been framed and inserted after original issue no.1 framed on 25.11.2019 and further it has been directed that the said issue no.1(a) be treated as preliminary issue and the parties may come prepared for hearing on the same.
c. For issuance of appropriate order directing the court below to properly adjudicate Probate Case No.58 of 2018 converted into title Suit No.39 of 2019 filed by the petitioner after full-fledged trial in consonance with the principles of natural justice."
2. The facts o
The validity of a Will under Section 63 of the Indian Succession Act requires a full trial if disputed facts exist, rather than being decided as a preliminary issue.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
The courts ruled that the failure to prove the valid execution and attestation of a Will invalidates claims of property based on it, emphasizing statutory requirements for witness testimony.
The main legal point established in the judgment is that the proof of execution of a registered Will requires the examination of attesting witnesses in court or their summoning under Order 16 Rule 10....
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
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