Back
RAJANI DUBEY, SANJAY KUMAR JAISWAL
Rajiv Kumar S/o Shri Rangilal Jaiswal – Appellant
Versus
Mohanmati W/o Late Rangilal Jaiswal – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The defendant No. 1/appellant herein has filed this appeal being aggrieved by judgment and decree dated 08.10.2021 (Annexure A-1) passed by 1st Additional District Judge, Janjgir, District Janjgir-Champa (C.G.) in Civil Appeal No. 06-A/18, whereby the suit filed by the plaintiffs/respondent Nos. 1 to 3 herein for declaration of title, partition and permanent injunction was partly decreed.
2. Brief facts of the case, as per the plaint averments, are that the plaintiffs Jaiswal Hindu, to whom provision of mitakshar law of Hindu Succession Act, 1956 were applicable to the parties for succession. The suit property bearing Khasra No. 640/5, area 0.08 acres and Khasra No. 640/7 area 0.03 acre situated in village Champa, Near Hasdev River Barrier, is self acquired property of late Rangilal Jaiswal. A three storey house was constructed on the suit land and there were 07 shops built on the ground floor, which were given on rent to various people and the ATM of the State Bank of India, Branch Champa, was installed in a shop. The monthly rent of the seven shops was Rs.41,700/- and rent from various property was Rs.1,10,000/-. It was pleaded in the plaint that on 14
The burden of proof for a Will lies with the propounder, and failure to establish its validity results in dismissal of claims based on it.
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 court affirmed that a Will can be validated under Section 69 of the Indian Evidence Act when attestors are deceased, shifting the burden of proof to the opposing party.
The main legal point established in the judgment is that the admissibility and proof of a Will should adhere to the mandate prescribed under the Evidence Act, and examination of attesting witnesses i....
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
