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.

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 whatsoever.

4. The petition was accompanied with an affidavit of one of the attesting witnesses, Shri Dhan Singh, who was later examined by the petitioners as PW-2.

5. The petition was opposed by way of common objections filed by the appellant as also by the respondent nos.3 and 4 herein.

6. In their objections, it was stated that the subject properties are coparcenary properties and, therefore, the Testator had no right to execute a Will in respect thereto. It was further stated that the Testator was of feeble mind and had not executed the subject Will. It was stated that the Testator was more than 93 years of age at the time of the execution of the subject Will and was running ill-health and was incapable of understanding things. It was further stated that the Testator had also executed many Wills from time to time, bequeathing the property to different heirs in different proportions, sometimes alleging the properties to be self acquired and sometimes alleging them to be ancestral properties.

7. The objectors denied that the Testator had signed the subject Will in the presence of the witnesses or that the witnesses had signed the subject Will in the presence of the Testator. It was also denied that the Testator had executed the subject Will with his free will and without undue pressure, influence or coercion. Instead, it was stated that the respondent no.1 had exercised undue influence on the Testator and had induced him to deliver all his moveable assets to the respondent no.1 so that he could run his packaging and cheese factory at property bearing No.85, Gautam Nagar, Delhi.

8. Interestingly, there was no objection taken that the subject Will does not bear the signatures of the Testator.

9. The respondent no.4 also set up another Will dated 08.03.1985 and stated that he had already filed another Probate Case bearing No.42/2000, titled Manu Dev Bharel v. State & Ors.

10. The respondent nos.1 and 2 filed their reply to the objections, whereafter the following issues were framed on 23.05.2006:-

“(i) Whether Sh. Bhader Sain executed legal and valid Will dated 26.7.1994? OPP (ii) Relief.”

11. The respondent nos.1 and 2 examined the respondent no.1 as PW-1; Shri Dhan Singh, one of the attesting witnesses to the subject Will as PW-2; Mr.Vimal Kumar, Head Clerk from the Office of Sub- Registrar-V, Mehrauli, Delhi as PW-2 (wrongly mentioned as PW-2), and Mr.Manoj Sagar, LDC, Sub-Registrar-III, Asaf Ali Road, Delhi as PW-3.

12. The appellant examined himself as RW-1, the sole witness. The other respondents did not enter the witness box. They have also not challenged the grant of Probate by way of the Impugned Judgment.

13. In his evidence by way of affidavit (Ex.PW-1/A), the respondent no.1 (PW-1) basically deposed the contents of the Probate Petition. He further deposed