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VIKRAM AGGARWAL
Mohinder Kaur – Appellant
Versus
Harpal Kaur – Respondent
| Table of Content |
|---|
| 1. defendant's appeal against a lower court's decree regarding a disputed will. (Para 1 , 2) |
| 2. arguments presented by both parties regarding the execution and validity of the will. (Para 10 , 11) |
| 3. court's observations on suspicious circumstances and reasons for validating the will. (Para 20 , 21) |
| 4. final ruling dismissing the appeal. (Para 22 , 23) |
JUDGMENT
Mr. Vikram Aggarwal, J.
This is defendants appeal against the judgment and decree dated 31.08.2022 passed by the Additional District Judge, Sangrur vide which the appeal filed by the respondents No. 1 and 2-plaintiffs was allowed, judgment and decree dated 06.03.2020 passed by the Civil Judge (Junior Division), Malerkotla was set aside and the suit filed by respondents No. 1 and 2-plaintiffs was decreed. The parties shall be referred as per their original status in the suit.
2. The dispute revolves around the land owned by one Sarabjit Singh (1/4th share out of land measuring 49 bighas 16 biswas and 17/23 share out of land measuring 46 bighas 2 biswas) (fully described in the plaint) situated in the revenue estate of Village Daman Mehli, Tehsil Malerkotla, District Sangrur (hereinafter referred to as 'the disputed
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
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 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.
Precise compliance with statutory execution and proof requirements for Wills is necessary, especially when involving Pardanashin individuals; the burden of proof lies on those asserting the validity ....
The mere presence of beneficiaries during will execution is not sufficient to invalidate it; the burden of proving suspicious circumstances lies with the challengers.
(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....
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