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SUKHVINDER KAUR
Ranbir Singh – Appellant
Versus
Gurdev Singh – Respondent
JUDGMENT
Sukhvinder Kaur, J.
The instant Regular Second Appeal has been filed against the concurrent findings recorded by both the Courts below.
2. Brief facts as per plaint are that Chhano Devi, mother of the parties to the suit, was recorded as owner of land measuring 8 Kanals being 32/437th share out of land measuring 109 Kanals-03 Marlas, comprised in Khewat No.16/16 Kittas 17, situated within the revenue estate of village Sarsa, Tehsil Pehowa, District Kurukshetra, vide Jamabandi for the year 2004-2005 and Brij Lal, father of the parties, was owner of land/bara measuring 10 Marlas being 10/13th share out of total land 13 Marlas comprised in Khewat No.17//17, Khatoni No.31, Khasra No.359(0-13), situated within the revenue estate of village Sarsa, Tehsil Pehowa, vide Jamabandi for the year 2004-2005. Above said Chhano Devi and Brij Lal died on 05.09.1999 and 11.02.1997 respectively and parties to the suit being brother and sisters are their legal representatives. However, in the death certificate, name of Brij Lal was wrongly recorded as Birju Devi. Both Chhano Devi and Brij Lal during their lifetime had bequeathed all their movable and immovable properties including suit land in
The propounder of a Will must prove its valid execution, including proper attestation by two witnesses as mandated by law.
A Will must be substantiated by credible evidence, particularly from marginal witnesses; when these witnesses turn hostile, the Will's validity is undermined.
The burden of proof for validating the execution of a Will rests with the propounder, necessitating unimpeachable evidence to satisfy judicial conscience.
A Will's validity hinges on proper execution and attestation; one attesting witness's testimony can suffice to establish its legitimacy.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
(1) Proof of execution of Will – If one attesting witness can prove execution of Will, examination of other attesting witness can be dispensed with.(2) Where Will is a registered document, there is p....
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....
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