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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Ranjit Singh – Appellant
Versus
Puran Lal – Respondent
| Table of Content |
|---|
| 1. will executed by deceased hari singh. (Para 1 , 2 , 3) |
| 2. defendants' objections to the will. (Para 4 , 5) |
| 3. trial court's findings on evidence. (Para 6 , 8 , 9) |
| 4. arguments from both sides. (Para 10 , 11) |
| 5. legal standards for proving a will. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. suspicious circumstances surrounding the will. (Para 18 , 19 , 20 , 21) |
| 7. court's ruling on the validity of the will. (Para 22 , 23 , 24) |
| 8. dismissal of the appeal. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
HARSH BUNGER, J.
1. The present regular second appeal has been filed by the appellants-plaintiffs against the judgment and decree dated 07.11.2001, passed by the court of Additional District Judge, Faridabad; whereby the appeal filed by the appellants-plaintiffs against the judgment and decree dated 30.10.1999 passed by the trial Court, dismissing the suit of the appellants-plaintiffs for declaration that they alongwith defendants No. 1 to 3 in the suit, are entitled to inherit 1/4th share of Hari Singh, on the basis of Will dated 07.05.1986 executed by Hari Singh and for further declaration that the decree dated 01.02.1990 passed in Civil Suit No. 305 of 1986 by the learned Sub Judge, 1st Clas
The propounder of a Will carries the burden to dispel suspicious circumstances surrounding its execution; failure to prove authenticity results in its rejection.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
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.
A Will must be validated despite surrounding suspicious circumstances; the burden of proof lies on the propounder to dispel doubts regarding its execution and legitimacy.
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