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AMAN CHAUDHARY
Dharm Pal – Appellant
Versus
Kuldip Kumar – Respondent
| Table of Content |
|---|
| 1. ownership claims by legal heirs. (Para 1 , 2) |
| 2. ownership claim by legal heirs. (Para 3) |
| 3. appeal filed due to dismissal of claims. (Para 4) |
| 4. arguments supporting rejection of the will. (Para 5) |
| 5. defendant's argument on pleading fraud. (Para 6) |
| 6. court's evaluation of will's validity. (Para 7 , 9 , 10) |
| 7. court's findings on will execution. (Para 8) |
| 8. locus standi issues of plaintiffs confirmed. (Para 11) |
| 9. court finds no illegality in lower court judgments. (Para 12) |
| 10. conclusion: appeal dismissed. (Para 13) |
JUDGMENT
Mr. Aman Chaudhary, J.
The present regular second appeal has been preferred against the judgment dated 19.09.1991 passed by learned District Judge, Bhiwani dismissing the appeal filed against the judgment and decree dated 02.05.1990 rendered by learned Sub Judge 1st Class, Charkhi Dadri, whereby the suit for declaration filed by the plaintiff/appellants was dismissed.
2. Briefly put, one Lok Ram s/o Kurda was the owner in possession of the suit land. He was unmarried. After his death, the plaintiff-appellants filed a suit for declaration to be held owner in possession of the land in question being the legal heirs, as they were sons' of his deceased
The burden of proof for alleging fraud in a Will lies with challengers, and mere age or illiteracy of the testator does not negate the Will's validity if legal standards are met.
The propounder of a Will must dispel any raised suspicions and prove its validity, or it may be declared invalid.
The execution and attestation of a Will must be proven validly, and evidence surrounding its authenticity must be duly considered.
The court ruled that mere suspicion cannot invalidate a duly executed Will, emphasizing the burden of proof lies on those contesting its validity.
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
The court emphasized that the burden of proving the validity of a will lies with the propounder, who must dispel any suspicions surrounding its execution, in accordance with Section 68 of the Indian ....
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