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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
Ratan Singh S/o Narayan Singh Panwar – Appellant
Versus
Rajendra Singh Panwar S/o Narayan Singh Panwar – Respondent
Order :
SUDESH BANSAL, J.
1. This Civil First Appeal under Section 96 of CPC has been filed by defendant No.2 against the final order dated 03.11.2023 passed by the Additional District Judge No.6, Jaipur Metropolitan-I declaring 1/3rd share of defendant No.1 (now deceased), to be of plaintiff (in addition to his own 1/3rd share) on the basis of registered Will dated 15.11.2003 (Exhibit-22) executed by defendant No.1 and thereby amending the preliminary decree of partition dated 23.10.2001 in the manner that plaintiff shall be entitled for 2/3rd share and defendant No.2 for 1/3rd share in the suit properties.
2. Heard counsel for both parties at length and perused the material available on record. With consent of counsel for both parties, this first appeal, vide order dated 10.10.2025, was posted for the final hearing at the stage of admission and has been heard finally on merits.
3. Dispute in this appeal is between appellant-defendant no. 2 and respondent No.1-plaintiff in respect of 1/3rd share of respondent No.2-defendant no.1 (now deceased) in the suit properties.
4. It will be apropos to disclose the nomenclature of parties as they were called before the trial Court. Respondent N
The court affirmed the validity of a Will and upheld its execution despite claims of suspicion, indicating that the exclusion of a child does not inherently nullify a Will.
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
The burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
The mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
Proof of execution of Will – Mere registration of Will would not attach to it stamp of validity and it must still be proved in terms of legal mandates under provisions of Section 63 of Succession Act....
The court reaffirmed that a will must be proven free of suspicious circumstances, particularly when it excludes dependents with known health issues, rendering the presented will invalid.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
A Will must meet statutory requirements for validity; failure to prove due execution amidst suspicious circumstances leads to the original party's entitlement to inheritance.
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