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NAWNEET KUMAR PANDEY
Ramawtar Chaudhary – Appellant
Versus
Sushil Chandra Mishra – Respondent
Nawneet Kumar Pandey, J.—I have already heard the learned counsel for the appellant as well as the learned counsel for the respondents.
2. Being aggrieved by the judgment dated 06.03.2009 passed in Letters of Administration Case No. 01 of 2001/T.S.No. 02 of 2004 by 1st Additional District Judge, Katihar, dismissing the suit, the plaintiff/appellant has preferred this appeal.
Initially, against the judgment and order impugned, F.A.No.73 of 2009 was filed, but after observation by a co-ordinate Bench of this Court, it was converted into Misc.Appeal No. 309 of 2012.
3. The plaintiff/appellant Ramawtar Choudhary is father of late Champa Lal Choudhary. Champa Lal Choudhary died on 06.08.1999. The plaintiff/appellant field Letters of Administration Case No.01 of 2001 on the basis of Will deed dated 16.06.1986 (Ext.1), said to have been executed by Lachhiya Devi in favour of Champa Lal Choudhary. The case was converted into Title Suit No. 02 of 2004 after impleading respondent no.1 as defendant on his application under Order I, Rule 10 of the Code of Civil Procedure (for short ‘the Code’).
4. The brief facts of the case is that Lachhiya Devi bequeathed her property described in Schedule-A in
The suit was time-barred, and the defendants successfully proved the execution of the Will, leading to the dismissal of the plaintiff's claim.
A proponent of a Will must dispel any suspicious circumstances surrounding its execution; mere assertion is insufficient to establish validity.
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The court affirmed that a party claiming caveatable interest must prove their claim, and failure to do so results in dismissal of their opposition to the grant of Letters of Administration.
The court upheld the validity of a registered Will, ruling that the burden of proof for allegations of forgery lies with the defendants, which they failed to meet.
The central legal point established in the judgment is the application of Section 63 of the Indian Succession Act, 1925 to establish the due execution of a Will, considering evidence of witnesses, me....
The validity of a will requires strict adherence to statutory execution and attestation procedures; failure to prove execution results in denial of probate.
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