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RAJBIR SEHRAWAT
Rakesh Prashar – Appellant
Versus
Usha Prashar (Since Deceased) – Respondent
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 described in the original suit.
5. The brief facts, as involved in the present appeal, are that the plaintiffs/respondents filed a suit challenging the Will dated 04.10.1994; allegedly executed by their father in favour of the appellants/defendants No.1 and 2, besides challenging the consequent mutation entered by the Estate Office, Chandigarh, as illegal. It was ass
(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.
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
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