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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Shayam Lal S/o Late Sahettar Lal Mandloe – Appellant
Versus
Satyam Kumar Mandloe S/o Dharam Lal Mandloe – Respondent
| Table of Content |
|---|
| 1. filing of second appeal and grounds. (Para 1 , 2 , 4) |
| 2. defendants' claims and evidence against will. (Para 5 , 10 , 11) |
| 3. trial court's decrees and proceedings. (Para 8 , 9) |
| 4. legal requirements for proving wills. (Para 14 , 15 , 16 , 17 , 18) |
| 5. case law regarding will attestation. (Para 20 , 22 , 25) |
| 6. conclusion on will's proof. (Para 37 , 38 , 39) |
| 7. final decision and order. (Para 40 , 41 , 42) |
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 5th 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 par
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 propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
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 propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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.
Registered Will's genuineness presumed; proof under Evidence Act Sections 68/69 via signature identification by witnesses suffices when attesting witnesses unavailable; disputing party must prove sus....
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