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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
Madan Gopal – Appellant
Versus
Krishan Gopal(deceased) through his LRs Savitri Devi – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
Aggrieved by the judgments and decrees passed by both the learned Courts below, the appellant-plaintiff has filed the instant regular second appeal.
2. The parties hereinafter shall be referred to as the ‘plaintiffs’ and ‘defendant’.
3. The parties to the lis are closely related. The dispute between them relates to the estate of Smt. Mathi alias Darshanu wife of late Sh. Jagat Ram, who was issueless and breathed her last on 22.11.2000. Genealogy of the parties given below will clarify their relationship inter se and with the deceased owner:-
4. The plaintiff and proforma respondents No. 2 to 4 filed a suit for declaration and permanent prohibitory injunction against defendant No.1 on the allegations that late Smt. Mathi had 1/4th undivided share in the suit land comprised in Khata Khatauni No. 4/5, Khasra No. 88, measuring 0-7 biswas; land comprised in Khata-Khatauni No. 22/37, Khasra No. 112, measuring 1 bigha and 5 biswas; land comprised in Khata Khatauni No.27/42, measuring 36 bighas 19 biswas and the land comprised in Khata Khatauni No.21/35, measuring 47 bighas 2 biswas, as shown in the jamabandi for the year 1989-90, situated at Mauza Petyog, Ne
The court upheld the validity of the Will executed by the deceased, emphasizing the necessity of specific pleading for undue influence and confirming the suit was barred by limitation.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The burden of proof for the validity of a Will lies with the propounder, who must dispel any doubts regarding its execution, especially in the presence of suspicious circumstances.
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
The validity of a Will requires clear evidence of revocation of prior Wills and the testator's mental fitness at execution; suspicious circumstances must be adequately addressed.
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