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SANJEEV SACHDEVA
Usha Vijay – Appellant
Versus
State (NCT Delhi) And Another – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - appellant impugns Judgment dated 23.11.2019 whereby the Trial Court has granted probate to the Executor of the Will dated 22.11.1997 of Late Smt. Sushila Khanna.
2. Both appellant (Smt. Usha Vijay) and Respondent No. 2 (Smt. Uma Varma) are real sisters and daughters of Late Smt. Sushila Khanna.
3. Respondent No. 2 applied for grant of Probate contending that she was appointed as the executor of the Will by her late mother. The Will is stated to have been attested by the respective husband's of the appellant and the Respondent No. 2. appellant filed objections to the said Will.
4. The Trial Court has dismissed the objections and held that the Will has been duly signed by the Testatrix and has been duly attested and that she was having a sound disposing and consequently the Will has been duly proved and as such granted the Probate of the Will. Trial Court has also noticed that no evidence has been led by the Objector in support of her objections.
5. appellant has impugned the order primarily on the ground that the will is surrounded by suspicious circumstances. In addition it is contended that the appellant could not lead any evidence as she was unwell.
6
The importance of producing the best evidence available and the requirement to challenge the genuineness of signatures with evidence.
The validity of a Will is confirmed when the proponent meets the burden of proof, and the objector fails to provide substantial evidence of suspicious circumstances surrounding its execution.
The central legal point established in the judgment is the burden of proof on the propounder to establish the validity of the Will, including the requirements for execution, attestation, and the test....
The law is well settled that conscience of Court must be satisfied that Will in question was not only executed and attested in manner required under Act, 1925 but should also be found that said Will ....
The Propounder of a will must prove due execution and sound mind of the testator, especially in the presence of suspicious circumstances; failure to do so results in dismissal.
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