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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Laxmi Yadav, W/o. Shatrughan Yadav – Appellant
Versus
Urmila Yadav, W/o. Late Umesh – Respondent
| Table of Content |
|---|
| 1. appellant's challenge to lower court's decision. (Para 1 , 2 , 3) |
| 2. defendants contest validity of sale and will. (Para 4 , 7 , 8) |
| 3. trial court's findings on unregistered deeds. (Para 5 , 6) |
| 4. proof requirements for valid will execution. (Para 12 , 14 , 15 , 18 , 20 , 21 , 25 , 30 , 34 , 38) |
| 5. absence of proof invalidates transactions. (Para 22 , 32 , 37) |
| 6. court's dismissal of the appeal. (Para 41 , 42 , 43) |
Judgment :
Parth Prateem Sahu, J.
1. Appellant-plaintiff has filed this second appeal under Section 100 CPC challenging the legality and sustainability of impugned judgment and decree dated 08.10.2012 passed by learned 5th Additional District Judge, Bilaspur, District Bilaspur in Civil Appeal No. 22-A/2011, whereby learned First Appellate Court dismissed the appeal filed under Section 96 of CPC affirming the judgment and decree dated 29.03.2011 passed by learned 8th Civil Judge, Class-II, Bilaspur, in Civil Suit No. 65-A/2010 dismissing the suit filed by plaintiff.
2. For the sake of convenience, parties shall be referred to in terms of their status shown in Civil Suit No. 65-A/2010 before the Trial Court.
3. Brief facts of the case necessary for disposal of thi
The execution and validity of a Will require strict adherence to statutory provisions, including proper attestation, which was not proven in this case, rendering the claimed interests void.
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
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....
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
The determination of property ownership validity relies on substantial proof of wills and the classification of property as joint or self-acquired.
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