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IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA
Inder Pal Kaur – Appellant
Versus
State Of Nct Of Delhi – Respondent
JUDGMENT :
DHARMESH SHARMA, J.
1. This common judgment shall decide the aforesaid appeals preferred by the appellant under Order XLIII read with Section 104 of the Code of Civil Procedure, 1908 [“CPC”] and Section 299 of the Indian Succession Act, 1925 [“Act”] assailing the impugned common Judgment dated 28.07.2021 passed by the learned Additional District Judge-02, West District, Tis Hazari Courts, Delhi [“Probate Court”] whereby the Probate Petition vide PC No. 15976/2016 with regard to the second Will propounded by the appellant dated 02.08.2009 purportedly executed by her deceased father, namely Kulbir Singh Dhingra (hereinafter referred as ‘deceased-testator’) was dismissed and on the other hand the first Will dated 16.03.2005 propounded by her mother in PC No. 15933/2016 was held to be genuine, last and final Will of the deceased-testator.
FACTUAL BACKGROUND
2. Shorn of unnecessary details, the appellant instituted PC No.15976/2016 under Section 278 of the Act on 12.08.2015 claiming that her father i.e. the deceased-testator was the absolute owner of the property bearing No. 9-C, North-West Avenue, Punjabi Bagh, New Delhi-110026 (hereinafter referred as the ‘subject property’) an
The validity of a Will requires clear evidence of revocation of prior Wills and the testator's mental fitness at execution; suspicious circumstances must be adequately addressed.
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 burden of proof for the validity of a Will lies with the propounder, who must dispel any doubts regarding its execution, especially in the presence of suspicious circumstances.
The burden of proving the validity of a contested Will lies with the propounder, and suspicious circumstances surrounding its execution must be satisfactorily explained.
The propounder of a Will must prove its execution and validity, and the presence of suspicious circumstances must be specifically pleaded by the opposing party to shift the burden of proof.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
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.
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