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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
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 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 Bilasp
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.
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....
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