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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Ganpat (Died) Through Lrs – Appellant
Versus
Mohitram, S/o. Bodhiram – Respondent
| Table of Content |
|---|
| 1. amendment application due to clerical errors. (Para 1 , 5) |
| 2. closure on appeal and court's position on findings of fact. (Para 12 , 44 , 45) |
| 3. dispute over will's validity and mental state of testator. (Para 16 , 22) |
| 4. testamentary issues and gender-based succession rights. (Para 24 , 38) |
| 5. procedural requirements for validating a will. (Para 28 , 32) |
JUDGMENT :
Parth Prateem Sahu, J.
1. Learned counsel for appellants submits that she has moved an application under Order 6 Rule 17 of C.P.C. for amending the plaint. She contended that inadvertently in the plaint, appellants/plaintiff could not plead the fact that the entire property recorded in name of Dokara, his father in law and father of testator, Anand Kunwar has been gifted in joint name of Anand Kunwar and plaintiff vide its gift deed dated 13.03.1975. She contended that as the entire property of Dokara was gifted to them, both of them became joint owner, therefore, will executed by Anand Kunwar on 19.06.2005 was not a valid document, therefore, she want to amend the plaint in paragraph No.8 as Para 8.A that late Anand Kunwar has not succeeded the property from his late father Dokara in fact Anand Kunwar recei
Failure to amend pleadings post-trial without due diligence limits claims, and a will's validity requires testimony from attesting witnesses to overcome burdens of proof and dispel doubts.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
The main legal point established in the judgment is that the admissibility and proof of a Will should adhere to the mandate prescribed under the Evidence Act, and examination of attesting witnesses i....
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
(1) Proof of execution of Will—It is for Propounder had to show that Will was signed by testator and testator was in sound and disposing state of mind at relevant time.(2) Partition of coparcenary pr....
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.
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