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NARENDRA KUMAR VYAS
Balram, S/o Mohar – Appellant
Versus
Nawaso @ Kushwanti, W/o Lalsai – Respondent
JUDGMENT :
1. This second appeal has been filed by the appellant/plaintiff under Section 100 of the C.P.C. against judgment and decree dated 07.02.2011 passed by District Judge, Jashpur (C.G.) in Civil Appeal No. 24-A/2010 (Balram Vs. Nawaso @ Kushwanti & others) affirming the judgment and decree dated 08.02.2006 passed by Second Civil Judge Class-I, Jashpur Nagar, District- Jashpur (C.G.) in Civil Suit No. 58A/06 old Civil Suit No. 37A/2001.
2. For the sake of convenience, the parties shall be referred to in terms of their status mentioned in Civil Suit No. 58A/06 which was filed for declaration of title and possession.
3. The instant Second Appeal is admitted for hearing by this Court vide its order dated 01.03.2021 on the following substantial question of law:-
4. The brief facts, as reflected from the plaint averments, are that the plaintiff has filed the civil suit for declaration of Will dated 05.07.1998 to be valid and eff
A will's validity must be proven beyond suspicion, especially when claims of fraud or undue influence arise; the burden of proof lies on the party benefiting from the will under suspicious circumstan....
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....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
The burden of proof for a Will lies with the propounder, requiring clear evidence against suspicious circumstances surrounding its creation.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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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