Back
NIDHI GUPTA
Jasbir Singh – Appellant
Versus
Balbir Singh – Respondent
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 proforma defendant no.4 Pritam Kaur are owners in possession and have succeeded the estate of Sohail Singh at Village Manakpur and Urna as per Will dated 18.12.1982; and suit for declaration that whole estate of Rawail Singh @ Sohail Singh is succeeded by plaintiffs & proforma defendant Pritam Kaur and defendants no.1 to 3 have no concern with the same; and suit for declaration that revenue record showing defendants no.1 to 3 as successor to the extent of 1/3 shar
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.
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
