Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN
Priya Jain – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of appeals related to dkj's estate (Para 1 , 2 , 3 , 5) |
| 2. dispute over the will's validity and ownership (Para 6 , 7) |
| 3. court's role in examining the will's execution (Para 8 , 14) |
| 4. arguments against the validity of the will (Para 10 , 11 , 12 , 13) |
| 5. genuineness and execution of the will established (Para 15 , 16 , 17 , 18) |
| 6. legal implications of inconsistencies in the will (Para 19 , 20 , 21 , 22 , 23) |
| 7. evidentiary issues and admissions relevant to the will's validity (Para 24 , 25 , 26 , 27 , 28) |
| 8. court's findings on executors and will registration requirement (Para 29 , 30 , 31 , 32 , 33) |
| 9. conclusion: will upheld, no merit in appeals (Para 34) |
| 10. final order dismissing appeals (Para 35) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present two Appeals arise from separate orders passed on the same date and concern the same Appellant, Ms. Priya Jain, daughter of late Shri Davinder Kumar Jain [hereinafter referred to as “DKJ”].
2. FAO(OS) 82/2025 assails the Order dated 27.05.2025 passed by the learned Single Judge in TEST. CAS. 54/2014, whereby probate of an alleged Will dated 11.12.2004 [hereinafter referred to as “Will”], purportedly executed by DKJ, was gr
A will executed under the Indian Succession Act does not require reasons for unequal bequests, provided it is duly executed and free from suspicious circumstances.
A Will must be executed with clear evidence of the testator's intention and compliance with legal formalities; discrepancies in witness testimonies can invalidate the Will.
The execution of a Will is invalid if surrounded by suspicious circumstances, including the testator's compromised mental state and discrepancies in the document.
A will must meet statutory requirements under the Succession Act and Evidence Act, including clear evidence of the testator's intention and valid execution, to be considered valid.
A Will's validity requires proof of its execution; mere allegations of forgery or suspicious circumstances are insufficient without substantial evidence to counter the probative force of the register....
The due execution and attestation of a will, once proven, cannot be nullified by mere suspicion unless substantial evidence of invalidity is presented.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
