NIDHI GUPTA
Jasbir Singh – Appellant
Versus
Balbir Singh – Respondent
| Table of Content |
|---|
| 1. plaintiffs claim ownership based on a will. (Para 1 , 2 , 3 , 4 , 7 , 8) |
| 2. defendants contest the legitimacy of the will. (Para 5 , 6) |
| 3. plaintiffs argue errors in the lower court's decisions. (Para 10 , 11 , 12) |
| 4. court finds inconsistencies and suspicious circumstances regarding the will. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. court affirms no issue was raised about the will's authenticity. (Para 21 , 22) |
| 6. second appeal dismissed. (Para 23 , 24) |
JUDGMENT :
Ms. Nidhi Gupta, J.
1. The plaintiffs are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the appellants/plaintiffs for declaration to the effect that plaintiffs and performa defendants/respondents No. 4 to 12 herein, are owners in possession and successors to the estate of Sohail Singh @ Rawel Singh on the basis of his Will dated 18.12.1982, has been dismissed by both the Courts below.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the ‘plaintiffs’; and the respondents are the ‘defendants’.
3. The plaintiffs have filed the present suit for declaration that plaintiffs along with
A Will, even if not registered, must be conclusively proven to establish inheritance rights, and unexplained delays in filing can bar claims.
The onus to prove the alleged forgery and fabrication of the Will lies with the appellant, and the court may decline the prayer for leading additional evidence if the onus was not discharged.
The court affirmed that notarized documents from abroad are presumed truthful, allowing foreign nationals to inherit under the Hindu Succession Act if supported by valid evidence.
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