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PANKAJ JAIN
Rajinder Pal Singh Dhaliwal – Appellant
Versus
General Public – Respondent
JUDGMENT :
Mr. Pankaj Jain, J.
1. Instant appeal is directed against order dated 22.07.2014 passed by Additional District Judge, Chandigarh whereby petition filed by appellant seeking letter of administration on account of Will dated 26.01.1990 executed by his father Sarwan Singh Dhaliwal stands declined.
2. The appellant propounded unregistered Will dated 26.01.1990 claiming that the same was executed by late Col. Sarwan Singh Dhaliwal and was witnessed by Inderpal Singh Waraich and one Malkiat Singh. In order to prove the Will, Malkiat Singh was examined as PW-2. The petition was contested by respondent No.2. After examining the evidence on record, Lower Court came to conclusion that apart from suspicious circumstances, PW-2 Malkiat Singh-the alleged contesting witness to the Will has not come out with true version. He was found to be untrustworthy. The Court found that even though in his examination-in-chief, Malkiat Singh claimed to have seen the Will having been executed in terms of Section 63 (c) of The Indian SUCCESSION ACT , 1925, but his cross-examination demolished the version spelled out in examination-in-chief.
3. Court enlisted numerous facts including the false testimony
The court emphasized the necessity for trustworthiness in witness testimony regarding the execution of Wills, particularly when suspicious circumstances exist, impacting the appellant's ability to pr....
The execution and integrity of a Will can be upheld despite minor discrepancies or the presence of the beneficiary at signing, provided proper attesting witnesses confirm its authenticity.
Proper execution and attestation of a will must conform to statutory requirements; suspicion surrounding its authenticity must be adequately dispelled by the propounder.
A person is free to make as many Wills as he wishes – Once Court certifies a particular Will to be genuine and puts its seal of approval thereon, all previous Wills automatically stand nullified.
The court ruled that an unregistered Will must overcome all reasonable suspicions, especially if filed long after the testator's death, failing which the grant of letter of administration cannot be s....
The Propounder of a will must prove due execution and sound mind of the testator, especially in the presence of suspicious circumstances; failure to do so results in dismissal.
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