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2014 Supreme(Del) 29

MUKTA GUPTA
Sugeeta Chhabra – Appellant
Versus
Harish Nayar – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Sanjeev Sindhwani, Sr. Adv. with Sanjay Dua, Advocate.
For the Defendant:R.P. Sharma, Advocate.

Judgement Key Points

Key Points: - The court held that the purported Will was not signed, executed, or attested as required by law, leading to the deceased father dying intestate. (!) - The plaintiff is entitled to 1/4th share in the suit property and half the share in the movable assets left behind by the deceased father. (!) - Under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Evidence Act, a Will must be executed with signing and attestation to be valid; otherwise, it cannot be proved. (!) (!) (!) (!) - The court granted a preliminary decree in favor of the plaintiff for partition of the suit property to the extent of 1/4th share and half the movable assets. (!) - The defense asserting a valid Will was not proven due to lack of proper execution and attestation; thus, the plaintiff’s claim stands. (!) (!) - The plaintiff sought reliefs including partition, rendition of accounts, and permanent injunction, which were considered in light of the Will's invalidity. (!) (!) - The case cites P.P.A. Impex Pvt. Ltd. v. Mangal Sain Mittal and Grammy Communications Pvt. Ltd. v. EMAAR MGF Land Ltd. regarding Order XII Rule 6 CPC procedures and quick disposition of vexatious defenses. (!) (!)

What is required for a Will to be valid under Indian Succession Act, 1925 and the Evidence Act, 1872?

What is the entitlement of the plaintiff to a share in the suit property and movable assets when the Will is not valid or not proven?

What is the effect of failure to sign, execute, or attest a purported Will on the deceased's succession and the grant of a preliminary decree for partition?


Judgment :

IA 5013/2012 (O.XII R.6 CPC by plaintiff)

1. By this application the plaintiff seeks judgment on admission. Learned counsel for the plaintiff in support of the application contends that the defence set up by the defendant not being plausible, a decree under Order XII Rule 6 CPC is required to be passed in favour of the plaintiff. The plaintiff has sought the relief of partition of the property bearing No. 41 Prithvi Raj Road, New Delhi (hereinafter referred to as the ‘suit property’) by meets and bounds and further a decree of partition being the owner of 50% share in the movable assets owned by late Shri Ram Gopal Nayar, rendition of accounts and permanent injunction. The defendant who is the brother of the plaintiff has set up a defence that the deceased father left a Will and thus the plaintiff is not entitled to the reliefs claimed. The Will allegedly left behind by the deceased father is neither signed nor executed by the deceased, nor witnessed. Further even as per the correspondence relied by the defendant the draft Will was sent by the counsel of the deceased father on 9th February, 2001, the deceased father survived till 29th October, 2009 and had not executed the













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