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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Kailash Singh – Appellant
Versus
Laxmi Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
This regular second appeal has been filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 13.11.2014 passed by the learned Additional District Judge-I, Shimla camp at Rohru in civil appeal No.30-R/13 of 2010 whereby the judgment and decree dated 05.04.2010 passed by the learned Civil Judge (Junior Division), Court No.2, Rohru in Civil Suit No.65-1 of 2009 has been affirmed.
2. The appellants herein are the legal representatives of original defendant Shri Deva Singh. The parties hereafter shall be referred to by the same status as they held before the learned trial Court.
3. The plaintiff Shri Laxmi Singh (respondent herein) and the original defendant Shri Deva Singh were real brothers. On death of their mother Smt. Tipsi on 27.02.2009, a dispute arose inter se the plaintiff and defendant with respect to the inheritance of the estate left behind by her. The defendant claimed entire estate of Smt. Tipsi, except a small portion thereof, on the basis of a Will allegedly executed by Smt. Tipsi in his favour on 27.09.1993 and registered in the office of Sub Registrar, Rohru, District Shimla vide registration No.27-III/93. On
The burden of proof for the validity of a Will lies with the propounder, who must produce the original document and meet statutory requirements for execution.
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
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.
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 be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
The due execution and attestation of a will, once proven, cannot be nullified by mere suspicion unless substantial evidence of invalidity is presented.
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