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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA, J.
Kashmir Singh & Ors. – Appellants
Versus
Achhar Kaur through her LRs – Respondents
R.S.A. No. 2323 of 1992
Decided On : 18-04-2024
Will - Joint Possession - Indian Succession Act, Section 63, Evidence Act, Section 68 - The court emphasized the necessity of proper attestation and execution of a Will, ruling that the Will in question was duly executed and proved, thus restoring the trial court's decision.
Fact of the Case:
The plaintiff sought joint possession of property, claiming inheritance as the only daughter of the deceased. The defendants contested, asserting rights through a Will. The trial court dismissed the suit, but the appellate court reversed this, leading to the current appeal.
Finding of the Court:
The court found that the Will was duly executed and proved, dismissing the appellate court's concerns about suspicious circumstances surrounding the Will's execution.
Issues: Whether the Will dated 29.03.1979 was duly executed and proved according to legal requirements.
Ratio Decidendi: The court held that the testimony of one attesting witness sufficed to prove the Will's execution, and the concerns raised by the appellate court were unfounded.
Result: The appeal is accepted, the appellate court's judgment is set aside, and the trial court's decision is restored.
JUDGMENT :
(Deepak Gupta, J.) :
Suit filed by plaintiff Smt. Achhar Kaur (now respondent through her LRs) for joint possession of the suit property against defendants Kashmir Singh & others (now appellants), was dismissed by the trial court on 6.11.1989 but the appeal filed by said plaintiff was allowed and suit decreed by the first appellate court on 1.10.1992. This Regular Second Appeal is by the defendants and directed against the reversal of the judgment of the trial Court by the First Appellate Court. To avoid confusion, parties shall be referred as per their status before the learned trial Court.
2. Dispute is regarding 1/6th share of Smt. Lal Kaur in the total land measuring 232 kanals 12 marlas situated in Village Khare, Tehsil and District Amritsar, as detailed in the head-note of the plaint. Said Smt. Lal Kaur was earlier married to Jag Singh (also referred as Jagat Singh) son of Deva Singh and from his loins, she gave birth to Harnam Singh. After the death of Jag Singh, she performed second marriage with Bhagat Singh, the brother of Jag Singh and from this second marriage, plaintiff- Smt. Achhar Kaur was born. Defendants are the sons of Harnam Singh i.e. son of Smt. Lal Kaur from her first husband. Smt. Lal Kaur expired on 14.07.1981.
3. Plaintiff – Smt. Achhar Kaur brought the suit seeking joint possession of the suit property on the ground that after the death of Smt. Lal Kaur, she being her only daughter, had inherited her estate. Defendants were stated to be distantly related to the husband of Lal Kaur and were not entitled to inherit her estate. It was pleaded further that plaintiff was married in UP and therefore, defendants being residents of Village Khare, took advantage of the absence of the plaintiff and in collusion with revenue authorities, got the mutation sanctioned in their favour regarding the suit property, concealing the fact that plaintiff was the daughter of Lal Kaur.
4. Defendants contested the suit and pleaded that being collaterals of the husband of Lal Kaur, i.e. Bhagat Singh, they were entitled to inherit the estate of Smt. Lal Kaur, as the suit property was ancestral. They denied Achhar Kaur to be the daughter of Lal Kaur. Defendants further set up a registered Will dated 29.03.1979 in their favour executed by Smt. Lal Kaur and claimed to have become owner of the suit land on the basis of the said Will.
5. Both the Courts below returned the finding that plaintiff Smt. Achhar Kaur was the daughter of Lal Kaur from her second husband Bhagat Singh. It is the admitted case of the parties that suit property was ancestral. Trial Court held registered Will dated 29.03.1979 (Ex.D1) to have been duly proved, having been validly and legally executed by Smt. Lal Kaur in favour of the defendants and on the basis of this finding, dismissed the suit on 06.11.1989. However, in appeal, the First Appellate Court held the Will to be shrouded with suspicious circumstances and that it was not proved in accordance with law. The material issue related to the Will was decided against the defendants and as plaintiff was found to be the only daughter of Smt. Lal Kaur, so suit was decreed vide judgment and decree dated 01.10.1992 by reversing the trial Court judgment.
6. The only issue raised before this Court is regarding the execution of the Will dated 29.03.1979 to have been duly proved or not.
7. Will in question is a duly registered document. It is purported to be scribed by Shiv Kumar Sodhi and attested by as many as three witnesses, namely, Mangal Singh, Member Panchayat; Moola Singh and Dewan Singh. In order to prove the Will, defendants have relied upon the testimony of Scribe Shiv Kumar Sodhi (DW1) and one of the attesting witnesses Mangal Singh (DW2).
8. Learned Appellate Court has held the Will to be shrouded with suspicious circumstances for the following reasons:-
A Will's validity hinges on proper execution and attestation; one attesting witness's testimony can suffice to establish its legitimacy.
A will can be proved through secondary evidence when attesting witnesses are unavailable, provided the statutory requirements for execution are met.
Sections 68 of Indian Evidence Act reads as proof of execution of document required by law to be attested.
The main legal point established in the judgment is the fulfillment of legal requirements for proving a Will and the production of sufficient evidence to remove suspicious circumstances, thereby upho....
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....
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.
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