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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, RENU BHATNAGAR
Satya Dev Bharal – Appellant
Versus
Krishn Dev Bharal – Respondent
| Table of Content |
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| 1. this section discusses the execution and validity of the will. (Para 1 , 2) |
JUDGMENT :
NAVIN CHAWLA, J.
1. This appeal has been filed by the appellant, challenging the judgment dated 08.08.2017 passed by the learned Single Judge of this Court in TEST.CAS.03/2002, titled Krishan Dev Bharal & Anr. v. State & Ors., allowing the said petition filed by the respondent nos.1 and 2 herein, granting them Probate in respect of the Will dated 26.07.1994 executed by late Shri Bhadar Sain (Ex.PW-2/1 (hereinafter referred to as, "subject Will‟) in favour of the respondent nos.1 and 2.
2. The respondent nos. 1 and 2 had filed the above Probate Petition under Section 276 of the Indian Succession Act, 1925 (in short, "ISA‟), praying for grant of Probate/Letter of Administration in respect of the moveable and immoveable properties bequeathed in their favour by late Shri Bhadar Sain (hereinafter referred to as, "Testator‟), by way of the subject Will.
3. It was claimed that the Testator had passed away on 08.01.2000, having executed the subject Will in full senses and sound disposing mind, out of his free will, and without any undue pressure, influence and coercion from any corner whats
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.
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 prove its execution, whereupon the burden of proving any allegations of fraud or coercion shifts to the objectors. Minor gaps in testimony do not undermin....
Proof of execution of Will – There can be no interference to Will which stands proved unequivocally.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
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