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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Mukta Soni, W/o. Shri Sevak Ram Soni – Appellant
Versus
Gokul Prasad (died) through Lrs. – Respondent
Judgment :
Sanjay K. Agrawal, J.
1. This second appeal has been admitted by this Court on 14.12.2006 by formulating the following substantial question of law:-
“Whether the finding recorded by the First Appellate Court that the will executed by Mangal Prasad Soni on 25.01.1993 was a suspicious document and did not confer any title to Mukta, is erroneous ?”
(Parties hereinafter will be referred as per the ranking given and status shown in the suit before the trial Court)
Brief facts:-
2. The suit property was originally owned by Mangal Prasad Soni/Mangal Prasad Sonar, who died on 07.08.1993, which he purchased from one Nathulal on 11.02.1939. Mangal Prasad Soni had two sons Sevak Ram Soni and Gokul Prasad Soni–sole defendant (died and represented through LRs., in this second appeal). Plaintiff-Mukta Soni is the wife of Sevak Ram Soni.
3. Plaintiff-Mukta Soni filed a civil suit on the basis of registered Will deed dated 25.01.1993 (Ex.P/1) executed by her father- in-law namely, Mangal Prasad Soni, in her favour and as such, she is the daughter-in-law of the testator/ Mangal Prasad Soni, and the said Will excludes defendant-Gokul Prasad Soni and he was the son of the testator. It is the case
Proper execution and attestation of a will must conform to statutory requirements; suspicion surrounding its authenticity must be adequately dispelled by the propounder.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
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 burden of proof for the validity of a Will lies with the propounder, who must dispel any doubts regarding its execution, especially in the presence of suspicious circumstances.
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 execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
The propounder of a will must prove due execution and attestation, particularly when suspicious circumstances exist; mere registration does not guarantee authenticity.
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