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NAVIN CHAWLA
Mahendra Kumar – Appellant
Versus
State – Respondent
JUDGMENT
Navin Chawla, J.
1. The present petition has been filed by the petitioner under Section 276 of the Indian Succession Act, 1925 seeking grant of Probate of Will dated 11.04.2013 allegedly left behind by the petitioner's father Sh. Karan Singh (hereinafter referred to as the `Testator'), who died on 28.04.2013 in Gurgaon.
2. It is the case of the petitioner that the Testator left behind the following Legal Heirs:
i. Sh. Mahendra Kumar, son of the Testator, the petitioner herein.
ii. Sh. Rajesh Kumar, son of the Testator, the respondent no.2 herein.
iii. Smt. Savita Chauhan, daughter of the Testator, the respondent no.3 herein.
3. The petitioner states that the Testator, before his death, executed a Will dated 11.04.2013 (hereinafter referred to as the `Subject Will'), bequeathing the following assets in equal share between his two sons, that is, the petitioner and the respondent no.2 herein:-
"i. Farm House Fh-10, Bijwasan, Main Bamnoli Bus Stand, New Delhi-110027, Measuring 1100 sq.yds.
ii. Land measuring 2500 sq. yds., Village Chomma, Gurgaon, Haryana"
4. The petitioner herein has filed a civil suit, bearing No. 63/2014 titled Mahendra Kumar v. Rajesh Kumar & Anr., before th
The need to remove all legitimate suspicions before a document can be accepted as the last will of the testator.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The propounder of a will bears the burden of proving its validity, particularly when suspicious circumstances exist, and failure to do so results in the dismissal of the probate application.
The validity of a Will hinges on proving sound mind and proper execution, with the propounder bearing the burden of proof against any suspicious circumstances.
Point of Law : It has to consider relevant materials instead of adopting an ethical reasoning. It was further observed that a mere exclusion of either a brother or sister per-se would not create a su....
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 propounders have the onus to prove due execution of a Will as per the requirements of Section 63 of the Indian Succession Act, 1925. When there are suspicious circumstances, a greater onus lies o....
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