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IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA
Ranjan Rattan Vadhera – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. application for review of previous judgment (Para 1 , 2) |
| 2. arguments for validity of the will based on evidence (Para 3 , 4 , 5 , 6 , 10) |
| 3. legal precedents on proof of execution of will (Para 8 , 9 , 13 , 14 , 15) |
| 4. court's evaluation of the proof requirements for a valid will (Para 23 , 25) |
| 5. dismissal of review application due to lack of grounds (Para 27 , 35) |
JUDGMENT :
TEJAS KARIA, J.
CM APPL. 44515/2025
1. The Appellant / Applicant has filed the present Review Application (“Application”) praying for review of the Judgment dated 25.06.2025 (“Judgment”) passed by this Court in FAO No.203/2008.
2. The Appellant / Applicant has filed the present Application on the ground that certain issues and pertinent questions of law have either been inadvertently overlooked or not taken note of while passing the Judgment.
3. The Appellant / Applicant has submitted that the Judgment is required to be reviewed as:
i. There was no objection from any Respondents with respect to the execution of the Will. As the factum of attestation of the Will has been proved, the probate ought to have been granted in favour of the Petitioner / Applicant. Respondent No.2 had submitted written object
The review court emphasized that a review cannot serve as a second appeal and stressed the necessity of meeting statutory evidential requirements to establish the authenticity of a will under the Ind....
The court affirmed that a Will's execution must be proven according to strict procedural standards, necessitating proof of attestor death before alternative witness testimonies are admissible.
The validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The execution of a will must comply with statutory requirements, including proper attestation by witnesses; failure to do so invalidates the will.
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The cou....
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