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High Court Of Delhi
Pradeep Nandrajog
VIDYA SAGAR SONI - Appellant
Versus
STATE OF DELHI - Respondents
Probate Case 39 Of 1985
Decided On : 08/28/2006
WILL - Probate - Indian Succession Act, 1925, Section 2(h) - The court discussed the legal burden of proving due execution of a will, the significance of suspicious circumstances, and the need for affirmative proof of the testator's knowledge and approval. The court emphasized the importance of rationality in a will and the probative value of unusual terms, and scrutinized the circumstances under which the will was prepared and executed. The court also highlighted the suspicious nature of the document, the disproportional bequest, and the dubious manner in which the will surfaced.
Fact of the Case:
The deceased's son sought probate of a will purportedly executed by the deceased. The issue was whether the will was validly executed by the deceased. The parties led evidence, and the court evaluated the circumstances surrounding the execution of the will.
Finding of the Court:
The court found that the deceased did not execute the will on the purported date. The probate petition was dismissed with costs against the petitioner.
Issues: Validity of the will executed by the deceased on 3rd May, 1981.
Ratio Decidendi: The court emphasized the need for affirmative proof of the testator's knowledge and approval, the significance of suspicious circumstances, and the probative value of unusual terms in a will. The court also scrutinized the circumstances under which the will was prepared and executed, and highlighted the suspicious nature of the document and the disproportional bequest.
Final Decision: The court held that the deceased did not execute the will on 3rd May, 1981. The probate petition was dismissed with costs against the petitioner and in favor of the objector assessed at Rs. 25,000.00.
PRADEEP NANDRAJOG, J.
( 1 ) LATE Smt. Krishna Devi died on 8th July, 1983 at the age of 74 years. She was survived by three sons, Vidya Sagar, Yudhishter Lal and Ranbir. At the time of her death, she was the owner of property bearing Municipal No. D-SC/3, mansarovar Garden, New Delhi and H-6/16, Malviya Nagar, New Delhi. She had various amounts lying in credit in accounts opened with State Bank of India, karol Bagh branch and Nagpur branch as also Punjab National Bank, Gurdwara Road, karol Bagh, New Delhi. She held certain shares in companies. Though, yudhishter Lal asserts that she had personal jewellery, but at the hearing held on 23rd August, 2006, Shri Atul Jain, learned counsel for Shri Yudhishter Lal stated that his client does not wish to rake up any issue pertaining the jewellery.
( 2 ) IN any case, in the present proceedings, issue of title and determination of the estate of the deceased is not required for the reason Vidya sagar Soni seeks probate of a will purported to have been executed by the deceased on 3rd May, 1981. Ranbir supports Vidya Sagar. Yudhishter has opposed the petition.
( 3 ) ON 9th September, 1988, following two issues were framed:1. Whether the will dated 3rd May, 1981 was validly executed by the deceased Smt. Krishna Devi Soni while possessed of sound disposing mind" 2. Relief.
( 4 ) PARTIES have led evidence which consists of parole as documentary evidence. Petitioner has examined, besides himself three witnesses. Yudhishter lal has examined, besides himself, one Shri D. P. Mehta as a witness.
( 5 ) SECTION 2 (h) of the Indian Succession Act, 1925 defines a will to mean the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
( 6 ) THE legal burden to prove due execution always lies upon the person propounding a will. The propounder must satisfy the judicial conscience of the court that the instrument so propounded is the last will of a free and capable testator.
( 7 ) A will is a solemn document, being written by a person who is dead and who cannot be called in evidence to testify about the due execution of the will. It is the living who have to establish the will. It naturally throws a heavy burden on the court to satisfy its judicial conscience that the burden of proof of due execution is fully discharged and every suspicious circumstance explained.
( 8 ) NO specific standard of proof can be enunciated which must be applicable to all the cases. Every case depends upon its own circumstances. Apart from other proof, conduct of parties is very material and has considerable bearing on evidence as to the genuineness of the will which is propounded. Courts have to be vigilant and zealous in examining evidence. Rules relating to proof of wills are not rules of Laws but are rules of prudence. Normally, a will is executed by a person where he desirous, to either alter the normal rule of succession, or where he desirous to settle his estate in a particular manner amongst the legal heirs. Therefore, though to be kept in mind, as to what is the nature of bequest too much importance cannot be attached to the disproportionate nature of a bequest. However, as observed in AIR 1995 SC 1684, Rabindra Nath mukherjee and Anr. Vs. Panchanan Banerjee (dead) by LRs, disproportionate nature of a bequest is no doubt a suspicious circumstance to be kept in mind, but, being a mere suspicion, it is capable of being dispelled by other evidence to show voluntary character of the document.
( 9 ) THEREFORE, the first rule to appreciate evidence is to peruse the will. Normally, if there is rationality in a will, a presumption arises about due execution. Of course, being a presumption, it is rebuttable. As observed in AIR 1962 Punjab 196 Smt. Kamla Devi Vs. Kishori Lal labhu Ram and Ors. , the omission of a close relation from the bounty of a testator raises a presumption in favour of some undue influence. The probative force of such
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