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ANIL KSHETARPAL
Bogh Singh (Deceased) – Appellant
Versus
Karnail Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
In this regular second appeal, defendant No. 1 Sh. Bogh Singh through his legal representatives assails the correctness of concurrent findings of fact arrived at by the Courts below while decreeing plaintiff's suit for grant of decree of possession. In substance, the dispute is with regard to inheritance of the property left behind by Sh. Jangir Singh son of Sh. Prem Singh on the basis of Will dated 10.06.1979 between his class-I heirs. Family tree of the parties is as under:-
Prem Singh
Jangir Singh
Karnail Singh
(Plaintiff No.1)
Gurdev Singh
(Plaintiff No.2)
Bogh Singh
(Def. No.1)
Harnek Singh
(Def. No.2)
Hardev Singh
(Def. No.3)
Mukhtiar Singh
(Def. No.5)
Nand Kaur (Widow)
Chotto Singh (Def. No.5)
2. Sh. Jangir Singh died on 20.06.1979. Sh. Karnail Singh and Sh. Gurdev Singh filed a suit for possession on 11.09.1986, claiming share in the property on the basis of natural succession. It was claimed that Sh. Jangir Singh did not execute any valid Will and the Will propounded by the defendant has been forged with the connivance of the witnesses. Sh. Bogh Singh-defendant No. 1 has also taken possession of the land forcibly. Defendant No.5 namely Smt. Ch
The court reaffirmed that a Will must be upheld unless substantial evidence proves it was executed under suspicious circumstances, emphasizing the importance of direct evidence over expert opinions.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
The propounder of a Will carries the burden to dispel suspicious circumstances surrounding its execution; failure to prove authenticity results in its rejection.
(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....
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
A Will's validity hinges on proving its proper execution and attestation; mere failure to favor certain heirs does not 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.
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