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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Rajkumar Satnami, S/o Resham Lal Satnami – Appellant
Versus
Panna Lal Satnami, S/o Resham Lal Satnami – Respondent
JUDGMENT :
Ravindra Kumar Agrawal, J.
1. The present second appeal has been filed by the defendant under Section 100 of the Code of Civil Procedure, 1908 against the impugned judgment and decree dated 07.09.2016 passed by learned First Additional District Judge, Balod Bazar, District Baloda Bazar-Bhatapara in Civil Appeal No. 19-A/2016, whereby the first appeal is dismissed and the judgment and decree dated 30.04.2013 passed by learned Civil Judge Class-I, Kasdol, District Baloda Bazar Bhatapara in Civil Suit No. 4-A/2013 has been affirmed.
2. The present second appeal has been admitted on 17.07.2017 on the following substantial questions of law:
1. “Whether the Courts below have erred in holding that the registered deed of Will dated 9.9.2010 (Ex.P-11) executed by Gurbari Bai in favour of Defendant No.1-Raj Kumar is a forged and fabricated one?”
2. “Whether the Courts below were justified in holding that due execution, attestation and validity of the registered Will deed dated 9.9.2010 (Ex.P-11) was not duly established by Defendant No.1-Raj Kumar Satnami in accordance with law?”
3. For the sake of convenience the status of the parties shown in the suit are being taken in the present ap
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
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....
A registered Will's validity under the Indian Succession Act requires compliance with statutory attestation requirements, and mixed questions of law and fact necessitate a full trial rather than dism....
The validity of a Will under Section 63 of the Indian Succession Act requires a full trial if disputed facts exist, rather than being decided as a preliminary issue.
The courts ruled that the failure to prove the valid execution and attestation of a Will invalidates claims of property based on it, emphasizing statutory requirements for witness testimony.
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
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