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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Paramjeet Singh
Baljit Kaur – Appellant
Versus
Ajaib Singh – Respondent
JUDGMENT
Paramjeet Singh, J. (Oral)
The suit out of which this regular second appeal arises was filed by appellants for declaration that they are owners of suit land in equal shares, fully detailed in head note of plaint, on the basis of registered Will dated 18.03.1985 executed by Chanan Singh in favour of the plaintiffs and for setting aside mutation no.4017 in respect of inheritance of Chanan Singh, having been sanctioned on false and forged Will dated 07.04.1998.
2. The Court of first instance dismissed the suit vide judgment and decree dated 19.11.2009. Feeling aggrieved, the plaintiffs preferred an appeal which has been dismissed by lower Appellate Court, vide judgment and decree dated 24.12.2011, whereby findings of trial Court on issues no.1 to 6 have been upheld, however, findings on issue no.7 have been set aside and Will dated 07.04.1998 propounded by respondents no.1 to 3 has been declared as illegal, null and void.
3. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this regular second appeal are that Chanan Singh son of Hira Singh was owner of land mea
A Will must be substantiated by credible evidence, particularly from marginal witnesses; when these witnesses turn hostile, the Will's validity is undermined.
The propounder of a Will must prove its valid execution, including proper attestation by two witnesses as mandated by law.
The validity of a Will and the timeliness of challenging property mutations are crucial in inheritance disputes.
A Will's validity hinges on proving its proper execution and attestation; mere failure to favor certain heirs does not indicate suspicious circumstances.
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
The court validated a Will executed in sound state of mind, emphasizing that allegations of illegitimacy were unproven, affirming statutory compliance in its execution.
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