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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Vishal – Appellant
Versus
Tejbir – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the plaintiff- appellants challenging the judgment and decree dated 05.05.2015 passed by the Trial Court and the judgment and decree dated 20.04.2018 passed by the First Appellate Court whereby their suit for declaration and permanent injunction has been dismissed.
2. Brief facts relevant to the present lis are that one Hukam Chand had three sons (Tejbir, Suresh and Sat Narain) and three daughters (Sukhdevi, Santosh and Ishwanti). One son, Tejbir (defendant-respondent No.1), was married to plaintiff-appellant No.2 and plaintiff-appellant No.1 is their son. According to the plaintiff-appellants the suit property is ancestral property in the hands of the defendant-respondents as the same was inherited by Hukam Chand from his father and as such the plaintiff-appellant No.1 being the only son of the defendant-respondent No.1 has become coparcener and is having pre-existing right in the suit property. It was averred that the defendant-respondents are bent upon to sell the ancestral property and have been making negotiations for the said purpose, without any kind of legal necessity. As per the plaintiff-appellants the allege
The validity of a Will executed by Hukam Chand was upheld, dismissing claims of fraud due to lack of credible evidence.
Validity of the executed will takes precedence over ancestral property claims in absence of sufficient proof.
The court upheld the validity of a consent decree, ruling that the deceased had the authority to alienate property as separate property, and the plaintiffs failed to prove fraud.
Exclusion of natural heirs is insufficient to invalidate a Will; the burden of proof lies on the appellant to demonstrate fraud or lack of testamentary capacity.
A Will's validity is upheld unless clear evidence of mental incapacity or undue influence is presented; mere exclusion of heirs does not create suspicion.
The central legal point established in the judgment is the requirement for a convincing explanation of suspicious circumstances surrounding the making of a will, as emphasized in the case of Jaswant ....
The execution of a Will must be proved not only when the statutory requirements for proving the Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances.
The validity of a registered Will is upheld when it is unchallenged for decades and acted upon, reinforcing that delay in legal challenge can bar claims based on ownership.
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