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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Manoj Wadher, S/o. Late Shri Girdhar Lal Wadher – Appellant
Versus
Nagendra Wadher, S/o. Late Shri Girdhar Lal Wadher – Respondent
judgment :
Narendra Kumar Vyas, J.
1. Heard on I.A. No. 03/2025, which is an application for deletion of the name of respondent No. 3 from the array of cause title. On due consideration the same is allowed and the name of the respondent No. 3 be deleted from the cause title.
2. This is plaintiff’s first appeal filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 10.03.2017 (Annexure A/1) passed by learned Additional District Judge, Bhatapara, District- Baloda Bazar Bhatapara (C.G.) in Civil Appeal No. H-03A/2010 (Ashwani Kumar Sahu Vs. Bholaram) whereby the suit filed by the plaintiff for declaration of title and permanent injunction, has been rejected.
3. For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the Civil Appeal No. H-03A/2010 filed before the trial Court.
4. The plaintiff filed a civil suit for partition and possession mainly contending that:-
(A) The plaintiff and the defendants are brother and sister and they are governed by the Hindu Law. It is the case of the plaintiff that ancestral property of old house in a dilapidated condition bearing sheet number 13-A, plot number 10
The determination of property ownership validity relies on substantial proof of wills and the classification of property as joint or self-acquired.
The main legal point established in the judgment is that the validity of a Will must be proved in accordance with the law, and in its absence, the rights of the parties are governed by the applicable....
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
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 court established that the validity of a Will must be proven through credible witness testimony, and the burden of proof lies with the propounder to dispel any suspicions regarding its authentici....
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
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