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NARENDRA KUMAR VYAS
Keshav Prasad Sahu S/o. Lalta Prasad Sahu – Appellant
Versus
Natthulal Sahu S/o. Shri Lalta Prasad Sahu – Respondent
JUDGMENT :
1. Since the identical issue involves in both the appeals, they are heard analogously and are being disposed of by this common judgment. This Court has issued notice to the respondents and notice has been served upon respondents No. 1, 2, 4, 5, 6, 7, 8, 9. Respondent No. 3 expired and on behalf of respondents 1, 7 & 8 have made their appearance through their respective counsel.
2. Both the appeals have been admitted by this Court on 08.03.2022 on the following substantial question of law:-
3. For sake of convenience, parties herein will be referred to as per their status shown in Civil Suit No.50-A/2021 before the trial court.
4. Appellant/defendant No.3- Keshav Prasad Sahu has filed Second Appeal No.153 of 2021 being aggrieved by the impugned judgment and decree dated 5-2-2020 in Civil Appeal No. 2-A/2019 passed by the learned Additional District Judge, Pendra Road, District- Pendra Road arising out judgment and decree dated 26-10-2018 passed by Civil Judge, Class-II, Marwahi Circle Court, Pendra Road, District Bilaspur, in Civi
The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the provisions of the Indian Succession Act and the Indian Evidence Act, and th....
Sections 68 of Indian Evidence Act reads as proof of execution of document required by law to be attested.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
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 determination of property ownership validity relies on substantial proof of wills and the classification of property as joint or self-acquired.
The main legal point established in the judgment is that the validity of a Will must be proved in accordance with the law, and in its absence, the rights of the parties are governed by the applicable....
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
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