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ANIL KSHETARPAL
Shashi Lal – Appellant
Versus
Anoop Krishan Sood – 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. In this regular second appeal, the plaintiff challenges the concurrent findings of facts arrived at by both the Courts below while dismissing her suit for the grant of decree of declaration that she is the owner of 1/5th share of the suit property.
3. In order to comprehend the controversy, a small family tree shall be helpful, which is extracted as under:-
| Roshan Lal Sood | |||||
| (Died On 13.06.1985) | |||||
|
|
| ||||
| Smt. Prem Rani | |||||
| (Died On 17.05.1995) | |||||
| Anoop Krishan Sood (Son) | Ravinder Lal Sood (Son) | Narinder Lal Sood (Son) | Veena Sood (Daughter) | Shashi Lal (Daughter) | |
| Manu Sood (Grandson) |
| ||||
4. Late Sh.Roshan Lal Sood died on 13.06.1985 leaving behind his widow, three sons and two married daughters. The plaintiff claims that her father died intestate, whereas the defendants claim that he left behind a Will
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 court ruled that a Will must be executed in accordance with statutory requirements, including proper attestation, to be valid.
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 burden of proof for validating the execution of a Will rests with the propounder, necessitating unimpeachable evidence to satisfy judicial conscience.
A Will must be proven with attesting witnesses as per statutory requirements; failure to do so renders it invalid.
The propounder of a Will must prove its valid execution, including proper attestation by two witnesses as mandated by law.
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