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ANIL KSHETARPAL
Gurdial Singh – Appellant
Versus
Phambi – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Section 41 of the Punjab Courts Act, 1918 and not by section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157.
2. This is the defendants' regular second appeal against the judgment and decree passed by the First Appellate Court which, in turn, has reversed the judgment passed by the Trial Court.
3. In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed. The dispute is with regard to validity and correctness of the Will allegedly executed by Sh.Radha who died in the year 1961. It is the case of the parties that late Sh. Radha married twice. In the beginning, he married with Smt. Santi and two daughters, namely Smt. Phambi and Smt. Prarbhi were born. Subsequently, he married Naraini, resulting in birth of defendant No.1 to 4. In other words, the plaintiffs are the children and grand children of Radha from Smt. Santi, whereas defendant No.1 to 4 are the children of
The court ruled that a Will must be executed in accordance with statutory requirements, including proper attestation, to be valid.
The attesting witness's familiarity with a testator's signature is not required for a valid Will; affidavits cannot override a Will without cross-examination.
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....
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
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.
The courts ruled that the failure to prove the valid execution and attestation of a Will invalidates claims of property based on it, emphasizing statutory requirements for witness testimony.
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