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MANOJ KUMAR OHRI
Harjeet Kaur – Appellant
Versus
State – Respondent
JUDGMENT :
Manoj Kumar Ohri, J.
1. By way of the present appeal filed under Section 384 of the Indian Succession Act, 1925 (hereinafter, referred to as the 'Act'), the appellants seek setting aside of judgment dated 22.07.2011 passed by the learned Additional District Judge-II, Rohini Courts, Delhi in Probate Case No. 21/2009, whereby petition of respondent No.2/S. Baldev Singh was allowed and letter of administration with respect to Will dated 10.11.1998 granted in his favor.
2. The parties to the present appeal have their common ancestor in Late S. Harbans Singh who was the perpetual lessee of property bearing plot No. 164 (land area measuring 60 sq. mtrs.), Pocket-22, Sector-24, MIG Category, Rohini, Delhi (hereinafter, referred to as the ‘subject property’).
3. For the sake of convenience, details of the family members of Late S. Harbans Singh and his wife/Smt. Harjeet Kaur/appellant No.1 are reproduced hereunder:-
| Late Sh. S. Harbans Singh – Late Smt. Harjeet Kaur | |
| S. Baldev Singh | Son |
| S. Surender Singh | Son |
| Smt. Inderjit Kaur | Daughter |
| Smt. Rajinder Ka | |
The central legal point established in the judgment is the scrutiny of Will execution, consideration of suspicious circumstances, and the burden of proof on 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.
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
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