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 suspicious circumstances.

JUDGMENT :

RAVINDRA KUMAR AGRAWAL, J.

1. The present second appeal has been filed by the appellants who were defendants No.1 and 2 before the learned trial Court against the judgment and decree dated 07-09-2015 passed by the learned 5^th Additional District Judge, Bilaspur in Civil Appeal No.63A/2015 whereby the first appeal filed by the appellants has been dismissed and judgment and decree dated 30-04-2015 passed by the learned Second Additional Civil Judge Class I to the Court of learned First Civil Judge Class I Bilaspur in Civil Suit No.91A/2015, has been affirmed.

2. On 18-04-2016 substantial question of law has been framed in the present second appeal which is as under:-

“Whether the Will (Ex.-P/2) was proved according to Section 63 of Indian Succession Act?”

3. The parties hereinafter will be referred as per their status shown in the plaint before the learned trial Court.

4. The plaintiffs have filed the civil suit for declaration of their title over the suit property bearing Khasra No.85, 320/4, 370, 372/4, 375/6 area 0.06 acre, 2.50 acre, 3.35 acre, 0.40 acre and 01.10 acre respectively, total are 6.41 acre situated at village Khamhariya, P.H. No.34, Tah. Masturi, District Bilaspur. The defendants No.1 to 5 are the legal heirs of late Sahettar Lal and plaintiffs are sons of defendant No.5. Sahettar Lal has died on 01-01- 2007. The claim of the plaintiffs in civil suit was that their grand-father Sahettar Lal has executed the Will in their favour on 21-04-2006 with respect to the suit property. After death of Sahettar Lal defendants No.1 and 2 have got mutated their names in the revenue records of the suit land from the concerned Gram Panchayat on 02-03-2007. When the plaintiffs came to know about the mutation of names of the defendants in the revenue records of the suit land, they challenged their mutation order before the revenue courts and after dismissal of their revision by the C.G. Board of Revenue, Bilaspur on 19-03-2010, the present civil suit has been filed by them claiming that their grand-father Sahettar Lal has executed registered Will on 21-04- 2006 and they became the absolute owner of the suit land by virtue of the Will.

5. The defendants No.1 and 2 have filed their written statement jointly, denying the adverse allegation made in the plaint and stated that late Sahettar Lal was head of the family till his lifetime and at age of 98 years, and due to his ill health, he died on 01-01-2007. After his death, the defendants No.1 to 5, be- ing the legal heirs of late Sahettar Lal, inherited the property and got their names mutated in revenue records in place of late Sahettar Lal and came into possession of the same. The defendants No.1 and 2 have specifically denied the execution of any will by late Sahettar Lal in favour of the plaintiffs. It has also been pleaded in the written statement that the defendants have filed a civil suit No.69A/2006 before the learned 9^th Civil Judge Class II Bilaspur for declaration and injunction in which the temporary injunction was also granted in favour of the defendants No.1 to 5 on 20-07-2006. In the written statement dated 05-07-2007 and 29-06-2006 filed by defendant No.5 Dharam Lal and his father Sahettar Lal have not disclosed about execution and registration of such deed. It has also been pleaded that on 19-12-2006, late Sahettar Lal has filed his affidavit in the form of examination-in-chief that civil suit No.69A/2006 in which also he disclosed that he is not going to execute any deed of transfer of the suit land in favour of any person. The mutation of the names o