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RAJBIR SEHRAWAT
Rakesh Prashar – Appellant
Versus
Usha Prashar (Since Deceased) – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 5) |
| 2. court proceedings and prior judgements. (Para 6 , 7) |
| 3. arguments regarding the validity of the will. (Para 8 , 9) |
| 4. assessment of evidence regarding the will. (Para 10 , 11 , 12) |
| 5. court's decision on the appeal dismissing it. (Para 13 , 14) |
| 6. final conclusion of the court. (Para 16) |
JUDGMENT
Rajbir Sehrawat, J. (Oral)
This regular second appeal has been filed by the defendants of the original suit; challenging the concurrent judgments and decrees passed by the Trial Court and the lower Appellate Court, whereby the suit filed by the respondents/plaintiffs for declaration qua the Will dated 13.09.1994 as illegal; has been decreed; and the said Will has been held to be invalid.
2. Notice of motion.
3. On the asking of the Court, Ms. Aarushi Garg, assisting counsel of Mr. R.S.Bains, Senior Advocate, accepts notice on behalf of respondents No.1 and 2 and Ms. Malika Sobti, Advocate appearing for Mr. Rakesh Sobti, Advocate, accepts notice on behalf of respondent No.5.
4. Respective counsels have agreed to address the arguments for final disposal of the appeal. The parties are being referred to as they were descri
(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....
Point of Law : The only important aspect was the execution of the Will in accordance with the provisions of section 63 the Indian Succession Act and placing it on record as legal piece of evidence as....
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
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