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NIDHI GUPTA
Birdevinder Singh – Appellant
Versus
Parminder Kaur – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. The contesting defendant No. 1 is in second appeal before this Court against the concurrent judgments and decrees of the learned Courts below whereby the suit filed by the plaintiff/respondent No. 1, seeking a decree declaring the plaintiff and defendant No. 4 to be owners and in joint possession out of the estate of Bahal Singh S/o Bagga Singh to the extent of 1/5th share of the property as detailed in the plaint; and decree of permanent injunction restraining the defendant No. 1 from alienating, mortgaging, disposing of in any manner any part of the suit property on the basis of impugned mutation, has been partly decreed by the learned trial Court vide judgment and decree dated 02.07.2018. The said decree was challenged by the defendant No. 1 before the learned Additional District Judge, Sangrur by way of Civil Appeal No. 331 of 21.07.2018 which was dismissed with costs vide judgment and decree dated 07.12.2022. Hence, the present second appeal.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant as the ‘defendant No. 1; contesting respondent No. 1 as the ‘plaintiff’ and pro forma respond
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.
The court affirmed that the burden of proof lies with the claimant to establish the validity of a Will, which was not met by the appellant in this case.
Legitimacy conferred by law does not grant rights to property of others beyond the parents, reaffirming the need for inclusive consideration of all coparceners in partition cases.
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